Prosecutors asking a jury to recommend a death sentence for convicted killer Clarck Paul had little to add Tuesday when the sentencing phase of his trial began in Fort Lauderdale.
Paul, 36, was found guilty in late May of first-degree murder in the shooting death of Lamont Smalls, a man Paul believed was ratting him out to police investigating a shooting that took place a few weeks earlier, in July 2016.
The state called a single witness, the victim’s mother, to testify on Tuesday, relying on the testimony the jury has already heard to turn its guilty verdict into a ticket to Florida’s death row. Assistant State Attorney Tonya Johnson told the jury in May that Paul was trying to silence Smalls. “If you’re snitching, I’m going to kill you,” Paul said before shooting Smalls to death.
Killing someone to prevent him from testifying against you in a criminal case is considered an “aggravating factor” that jurors can use to justify a death sentence recommendation under Florida law.
Jurors are also allowed to consider other crimes committed by the defendant. Less than an hour before the death of Smalls, Paul was accused of murdering another man, Carlos Senluis, 25, of Deerfield Beach. That was a road rage incident that took place while Paul was on his way to kill Smalls, according to investigators. Paul was convicted of second-degree murder in that case and faces a maximum sentence of life in prison.
Jurors on Tuesday heard little about the death of Senluis. Broward Circuit Judge Martin Fein will likely hear from that victim’s family when Paul is ultimately sentenced.
But on Tuesday, Smalls’ mother took the stand to declare her son a decent, flawed person who did not deserve to die.
“His daughter lost a father,” said Lorraine Gray. “We are all sentenced to a lifetime of grief.”
Gray lamented that she was not there to intervene when Paul confronted her son, and could do nothing to prevent his death. “These are the things as a mother that I think of that I will never know again.”
Gray was the prosecution’s sole witness in the penalty phase. The aggravating factors required to justify a death sentence were already presented during the trial to determine Paul’s guilt.
Defense lawyers called Miami neuropsychologist Pedro Saez, who said Paul suffers from “mild neurocognitive disorder,” a mental impairment the jury is allowed to consider to show mercy and recommend a life sentence instead of death. Additional mental health experts are scheduled to testify on Wednesday. Attorneys expect to conclude testimony on Thursday.
A recommendation of death will have to come from at least eight jurors after a unanimous finding that aggravating factors have been proved beyond a reasonable doubt.