3:51 p.m. CST February 18, 2004 - The jury in the case that convicted a man a second time of torturing his girlfriend's young daughter began considering Tomas Gallo's punishment Wednesday morning.
The jury began deliberating around 10:30 a.m. Gallo was found guilty of capital murder Thursday.
"Tomas Gallo's life pattern and his history showed you that he has no conscience," prosecutor Lance Long said.
Gallo was convicted of torturing, raping and killing his girlfriend's 3-year-old daughter, Destiny Marie Flores, on her birthday in December 2001.
The prosecution told jurors that Gallo deserved the maximum punishment because his victim was a defenseless child.
"The brutality of this crime is second to none. This is the kind of crime that people read about and are horrified," Long said.
However, the defense claimed Gallo's life should be spared and that life in prison is sufficient.
"We have a crime which could easily inflame a normal person's thought processes," defense attorney Robert Morrow said. "If you look at all the evidence, if you look past the offense itself, it justifies answering these special issues in such a way as to not give the death penalty to Mr. Gallo."
Gallo was the boyfriend of the toddler's mother. He was supposed to be babysitting the child and her older sister the night the crime occurred.
If sentenced to life in prison, Gallo would be eligible for parole in 40 years. He would be 68 years old at that time.
http://msnbc.msn.com/id/4304343/
The jury began deliberating around 10:30 a.m. Gallo was found guilty of capital murder Thursday.
"Tomas Gallo's life pattern and his history showed you that he has no conscience," prosecutor Lance Long said.
Gallo was convicted of torturing, raping and killing his girlfriend's 3-year-old daughter, Destiny Marie Flores, on her birthday in December 2001.
The prosecution told jurors that Gallo deserved the maximum punishment because his victim was a defenseless child.
"The brutality of this crime is second to none. This is the kind of crime that people read about and are horrified," Long said.
However, the defense claimed Gallo's life should be spared and that life in prison is sufficient.
"We have a crime which could easily inflame a normal person's thought processes," defense attorney Robert Morrow said. "If you look at all the evidence, if you look past the offense itself, it justifies answering these special issues in such a way as to not give the death penalty to Mr. Gallo."
Gallo was the boyfriend of the toddler's mother. He was supposed to be babysitting the child and her older sister the night the crime occurred.
If sentenced to life in prison, Gallo would be eligible for parole in 40 years. He would be 68 years old at that time.
http://msnbc.msn.com/id/4304343/
