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One juror's struggle with the death penalty

  • Penny Warren served on a death penalty jury in California
  • That jury found the defendant guilty of the brutal murder of 5-year-old
  • She says she can still see the bloody photos in her mind

It may be the hardest decision a person can be faced with. Would you impose the death penalty in a murder trial? For Penny Warren, it was a difficult decision that has lived with her in the 30 years since the trial. Warren says she wants the public to know just how hard the decision is.

She says she and her fellow jurors decided that Brian Mincey deserved to die for the brutal killing of his girlfriend's 5-year-old son. Warren says it took a while to convince to lone holdout juror to join the other 11 in voting for death. 

Warren says that she struggled with the decision, and that some in her family did not agree with it. She said that one of the hardest aspects she has to live with is that during appeals, attorneys for Mincey and California would keep contacting her, bringing all the painful memories back up.

She says what helped make up her mind was the brutal photos of the scene and the victim. She says to this day she can still see "those bloody, bloody photos" in her mind. During jury selection, the prosecutor told prospective jurors "I'm going to have to present some extremely unpleasant evidence. I mean, just appalling evidence. [Not] just pictures. Frankly I have attempted to elect pictures that are bad but not as horrible as they could be."

A check of California records finds Mincey is still on California's death row

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