Life or Death: Jury trial to determine Gary Lee Sampson's fate

BOSTON — Jury selection is underway in the death penalty hearing for convicted killer Gary Lee Sampson.

In 2001, Sampson murdered three people in Massachusetts and New Hampshire. He was eventually sentenced to the death penalty in federal court because capital punishment is abolished in Massachusetts.

"Why is this so complicated? Because somebody’s life is at stake," former federal prosecutor Brad Bailey said.

Sampson's death sentence was vacated years later because one of the original jurors lied on questionnaire. The new trial will settle one question: life or death.

"Our government has to get it absolutely right, if we are going to put someone to death, you have to have it, 100 percent, closed door right," attorney Phil Tracey said.

The defense has released a list of mitigating factors that will be used to ask jurors to consider sparing Sampson's life.

Lawyers said earlier this year Sampson suffers from a heart condition, high blood pressure, hepatitis and liver disease.

"Whatever the defense feels is relevant from his life story can be submitted as a mitigating factor," said Bailey.

There are 238 mitigating factors listed by the defense. For perspective, Dzhokhar Tsarnaev had about 21.

But Bailey said that strategy could backfire on the defense.

"The kitchen sink and everything after that can turn them off," said Bailey. "It can be, 'well, wait a second, they are just throwing things out there and seeing what can stick."

Cox Media Group