Jury deliberating in Albertson's shooting case

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LAS VEGAS - The fate of convicted murderer Zane Floyd now lies with nine women and three men.

Jurors began deliberating Wednesday whether they should hand Floyd the death penalty or sentence him to life in prison. They adjourned after about four hours of deliberations and are scheduled to resume meeting Thursday.

The same jury took only about two hours last week to find Floyd guilty of sexually assaulting an outcall service dancer on June 3, 1999, and then walking into an Albertson's store and shooting five employees, killing four.

A neuropsychologist, who was the last witness to testify during the penalty phase of the trial, said Floyd knew what he was doing during the five-minute shooting spree.

''He does not know how to play by the rules and anyone who doesn't play by Floyd's rules suffers the consequences,'' said Dr. Louis Mortillaro, who also testified that Floyd was not suffering from hallucinations or delusions on the day of the killings.

''He was suicidal then and he's suicidal now.''

Defense attorneys have tried to portray the 24-year-old former Marine as an emotionally and mentally troubled man who turned to drugs and alcohol.

But prosecutors told jurors in their closing statements that the only just verdict in this case is the death penalty.

''If not this case, what case?'' asked Clark County District Attorney Stewart Bell. ''The ruthlessness of this crime is just beyond belief.''

Floyd has a ''hollow soul'' and was ''just looking for numbers'' when he walked into the grocery store, Bell said.

''Only the grace of God limited the carnage to four,'' he said.

Defense attorneys pleaded with jurors to spare Floyd's family the same pain he inflicted on the families of the four murder victims. They are asking for life in prison without parole.

''I ask you not to take the easy road,'' Attorney Curtis Brown said of the death penalty. ''I challenge you to take the hard road because life is important.''

He said Floyd should be ''banished from society and rightly so. Prison is not an easy life.''

The defense put on a string of witnesses Tuesday in an effort to save Floyd's life. Floyd and his parents took the stand to deliver sometimes emotional testimony.

A composed Floyd apologized but said he still doesn't have any answers.

''There's not a whole lot I can say to the families of the four people I killed,'' Floyd said. ''I can't take back what I did, but I would if I could.''

Dr. Norton Roitman, a psychiatrist, testified that he treated Floyd when he was about 13. He said Floyd had a variety of problems, including attention deficit disorder, depression, anxiety and emotional problems.

A psychologist, Dr. Edward Dougherty, added that tests revealed that Floyd has a borderline personality disorder in addition to ADD combined with a low self-esteem.

There are 86 men and one woman on Nevada's death row, according to Mike Pescetta, assistant federal public defender.

The last person a jury sentenced to death was Charles Edward Manley, 53. A jury sentenced him for the March 1995 shooting death of a Las Vegas elementary school teacher.

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