KINGMAN - The defense in the capital case against a man who killed his niece will begin its phase of the sentencing portion of the trial today.
The testimony and evidence presented by the defense will most likely shed some light on the character and state of mind of 39-year-old Brad Nelson, who was convicted Nov. 19 of the premeditated murder of Amber Graff in June 2006.
Graff, the daughter of Nelson's half-sister, was 14 when she was found bludgeoned to death in the bed of a motel on Andy Devine Avenue. Nelson had been babysitting the teen and her 13-year-old brother while his sister was hospitalized with Crohn's disease.
The same jury that convicted Nelson is also charged with determining his punishment, which would include either the death penalty or life in prison without the possibility of parole.
On Wednesday, County Attorney Matt Smith presented the state's argument for the aggravating factor in the case, which was the fact that Graff was under 15 years of age and Nelson over 18 when the murder occurred.
One of Nelson's two attorneys, James Belanger, said that the aggravating factor only makes the defendant eligible for the death penalty and does not mean that the jury has to find in favor of death because of it.
Nelson was 35 when the murder occurred. Graff was a month and a half shy of her 15th birthday.
If the jury cannot unanimously decide on a punishment, the decision would come down to Judge Richard Weiss. He would have the option to decide between life in prison without the possibility of parole or life in prison with the possibility of parole after 35 years.
Posted: Saturday, December 05, 2009
Article comment by:
No name provided
string him up and let him starve to death. He doesn't deserve a quick death.
Posted: Thursday, December 03, 2009
Article comment by:
susan
Death penalty for sure,we need to get rid of this kind of [people], maybe if we treat them like they treated the people they killed there would be less violence in this world
Posted: Thursday, December 03, 2009
Article comment by:
Justice
Hang him! Show no mercy. An eye for an eye.
Posted: Thursday, December 03, 2009
Article comment by:
Jennifer
I second that.....Death..Did he give that poor girl a choice??? NO... So neither should we
Posted: Thursday, December 03, 2009
Article comment by:
monica
This was a innoncent girl who was in the care of a family member...now shes gone because of him...The judge really needs to impose the longest sentence possible, I agree with Colleen he deserves the Death penalty for his crime, no child deserves this kind of fate...rest in peace Amber justice will be served...
Posted: Thursday, December 03, 2009
Article comment by:
Colleen