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Defense launches bid to spare Underwood's life

By Johnny Johnson Modified: March 3, 2008 at 1:36 pm •  Published: March 3, 2008

Woodyard said doctors have diagnosed Underwood with a plethora of disorders including bipolar disorder, social anxiety, panic attacks, pedophilia, sexual sadism and compulsive masturbation.

And while it would be "natural" to think someone with all those disorders to be "insane," Woodyard said the legal requirements of insanity are hard to prove, including the fact that the person did not know what they were doing or that they didn't know the difference between right and wrong.

Woodyard said jurors will hear testimony that throughout his life, Underwood was never violent, to the extreme that he would not defend himself when physically attacked.

The question then, Woodyard said is "what happened to Kevin Underwood in April 2006?"

Prosecution rests

Indicating that they are relying heavily on previously introduced evidence and testimony in the first phase of the trial, prosecutors only called six witnesses Monday morning during the punishment phase of the trial.

The state stopped after Jamie's mother and father told jurors what their lives have been like since they lost their daughter, and asked the jury to apply the death penalty.

"I was and still am completely lost without her," Curtis Bolin testified. "There are times I don't know what I'm gonna do. All my life was dedicated to raising her."

Jennifer Fox, Jamie's mother, said she hasn't been able to work since Jamie was killed.

"I don't have my little girl anymore," she told jurors.

In order to convince the jury that the death penalty is appropriate, Assistant District Attorney Susan Caswell said the state carries the burden of showing that the murder was "heinous, atrocious or cruel," and that Underwood poses a continuing threat to society.

"It's a burden we gladly accept," Caswell said.


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