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Most jurors didn't want to make bomber a martyrNEW YORK (CNN) -- In explaining why they would not sentence convicted embassy bomber Mohamed al-'Owhali to death, most jurors Tuesday said killing the terrorist would make him a martyr. But four jurors said death by lethal injection would be too humane. The multi-racial panel of seven women and five men deliberated the fate of al-'Owhali, a 24-year-old Saudi, for a week after finding him guilty of helping to carry out the August 7, 1998, bombing of the U.S. Embassy in Nairobi, Kenya, and of killing the 213 people who died from the explosion. The jury had to reach a unanimous decision to impose the death penalty; anything less meant life in prison without the possibility of parole.
On a complex death-verdict form, the jury was required to address and answer a list of 18 mitigating factors in determining the sentence. Among those 18 mitigating factors the jury found most compelling: Ten jurors said al-'Owhali was motivated by sincere religious beliefs, including the view that his offenses would save other Muslims, and was influenced by Osama bin Laden who viewed embassies as legitimate military targets. Bin Laden is the head of the al-Qaeda, a network suspected of international terrorist activities, and according to prosecutors was the mastermind of the bombings. Five jurors said they were convinced that during his formative years al-'Owhali was indoctrinated in extremist Muslim teachings promoting jihad, or holy war, and martyrdom. Eight jurors noted that other men indicted in the worldwide terrorist conspiracy to kill Americans will not face the death penalty. Given the opportunity to express additional mitigating factors against the death penalty, the jury listed five more factors: -- Ten jurors said executing al-'Owhali would make him a martyr for al-Qaeda's cause. -- Nine jurors found executing him would not necessarily have alleviated survivors or the families of victims from suffering. -- Four jurors found that lethal injection is very humane and the defendant would not suffer. -- Five jurors said life in prison is a greater punishment because his freedom would be severely curtailed. -- Four jurors found al-'Owhali was raised in a different culture, society and belief system. On the prosecution's list of aggravating factors, the jury found it was not convinced al-'Owhali would continue to pose a serious threat to society if allowed to live. The jury did find, however, that he had caused serious physical and emotional injury and egregious economic hardship to deceased victims' families and bombing survivors. |
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