The death penalty is still on the table as the Scioto County Common Pleas Jury involved in the aggravated murder convictions of Kara Garvin, prepare to return for the sentencing phase on March 23 at 9 a.m.

The Scioto County Prosecutor’s office will put on their evidence at that hearing as to aggravating factors, and the defense then puts on their evidence as far as mitigating factors, followed by arguments by both sides.

In order for the death penalty to be recommended by the jury, the aggravating factors must outweigh the mitigating factors beyond a reasonable doubt.

The defense will be permitted to bring in witnesses and those witnesses will have the opportunity to testify in order to lessen the severity of the sentence during the sentencing phase.

Garvin indicated she wishes to have the opportunity to present mitigating evidence after Judge Howard H. Harcha III read 52 verdicts including guilty aggravated murder verdicts in three cases. Garvin waived the right to a pre-sentence investigation.

Any time there is a sentencing, the statute calls for a pre-sentence investigation. Any time probation is given, there must be a pre-sentence investigation.

In lieu of that pre-sentence investigation, the defense is expected to provide the information in its mitigation case.

Garvin was found guilty of the aggravated murder with specifications of aggravating circumstances (aggravated burglary) of Edward Mollett, 46, Juanita Mollett, 43, both of 287-C Snook Road, Franklin Furnace, and Christina Mollett, 20, of 1602-A Junior Furnace Road, Franklin Furnace.

Garvin was also found guilty of aggravated burglary.

The jury then will deliberate the same as they did in returning their verdicts. They then return with a recommended sentence on the aggravated murder convictions.

Indications are that Harcha will issue the sentencing on the other charges such as aggravated burglary.

Contrary to earlier reports, the Garvin case is not the first death penalty case in Scioto County.

Jurors returned with their verdicts around 7 p.m. Wednesday after being instructed at 10:19 a.m. Tuesday.

These are the actual verdicts count by count in the Garvin trial:

Count 1 — aggravated burglary - guilty

Count 2 — aggravated robbery with a weapon - Edward Mollett - guilty

Count 3 — aggravated robbery with a weapon - Juanita Mollett - not guilty

Count 4 — aggravated robbery with a weapon - Christina Mollett - not guilty

Counts 5, 6 and 7 were dropped Tuesday morning.

Count 8 — aggravated murder with specifications of aggravated circumstance - aggravated burglary - Edward Mollett - guilty

Count 8 - specification 1 - aggravated murder for the purpose of escaping detention, apprehension, trial or punishment, to wit: aggravated burglary - not guilty

Count 8 - specification 3 - engaging in conduct involving the purposeful killing of, or attempted killing of two or more persons - guilty

Count 8 - specification 4 - committing the offense of aggravated murder while she was committing, attempting to commit, or fleeing after committing or attempting to commit aggravated burglary, and the defendant was the principal offender in the commission of the aggravated murder - guilty

Count 9 — aggravated murder with specifications of aggravated circumstance - aggravated burglary - Juanita Mollett - guilty

Count 9 - specification 1 - aggravated murder for the purpose of escaping detention, apprehension, trial or punishment, to wit: aggravated burglary - guilty

Count 9 - specification 3 - engaging in conduct involving the purposeful killing of, or attempting killing of two or more persons - guilty

Count 9 - specification 4 - committing the offense of aggravated murder while she was committing, attempting to commit, or fleeing after committing or attempting to commit aggravated burglary, and the defendant was the principal offender in the commission of the aggravated murder - guilty

Count 10 — aggravated murder with specifications of aggravated circumstance - aggravated burglary - Christina Mollett - guilty

Count 10 - specification 1 - aggravated murder for the purpose of escaping detention, apprehension, trial or punishment, to wit: aggravated burglary - guilty

Count 10 - specification 3 - engaging in conduct involving the purposeful killing of, or attempting killing of two or more persons - guilty

Count 10 - specification 4 - committing the offense of aggravated murder while she was committing, attempting to commit, or fleeing after committing or attempting to commit aggravated burglary, and the defendant was the principal offender in the commission of the aggravated murder - guilty

Count 11 — aggravated murder with specifications of aggravated circumstance - aggravated robbery - Edward Mollett - guilty

Count 11 - specification 2 — committing aggravated murder for the purpose of escaping detection, apprehension, trial or punishment to wit: aggravated robbery - not guilty

Count 11 - specification 3 — engaging in conduct involving the purposeful killing of, or attempted killing of two or more persons - guilty

Count 11 - specification 5 — committing the offense of aggravated murder while she was committing, attempting to commit, or fleeing immediately after committing or attempting to commit aggravated robbery. And the defendant was the principal offender in the commission of the aggravated murder - guilty

Count 12 — aggravated murder with specifications of aggravated circumstance - aggravated robbery - Juanita Mollett - guilty

Count 12 - specification 2 — committing aggravated murder for the purpose of escaping detection, apprehension, trial or punishment to wit: aggravated robbery - guilty

Count 12 - specification 3 — engaging in conduct involving the purposeful killing of, or attempted killing of two or more persons - guilty

Count 12 - specification 5 — committing the offense of aggravated murder while she was committing, attempting to commit, or fleeing immediately after committing or attempting to commit aggravated robbery. And the defendant was the principal offender in the commission of the aggravated murder - guilty

Count 13 — aggravated murder with specifications of aggravated circumstance - aggravated robbery - Christina Mollett - guilty

Count 13 - specification 2 — committing aggravated murder for the purpose of escaping detection, apprehension, trial or punishment to wit: aggravated robbery - guilty

Count 13 - specification 3 — engaging in conduct involving the purposeful killing of, or attempted killing of two or more persons - guilty

Count 13 - specification 5 - committing the offense of aggravated murder while she was committing, attempting to commit, or fleeing immediately after committing or attempting to commit aggravated robbery. And the defendant was the principal offender in the commission of the aggravated murder - guilty

Count 14 — aggravated murder with specifications of aggravated circumstance - prior calculation and design - Edward Mollett - not guilty

Count 15 — aggravated murder with specifications of aggravated circumstance - prior calculation and design - Juanita Mollett - not guilty

Count 16 — aggravated murder with specifications of aggravated circumstance - prior calculation and design - Christina Mollett - not guilty

Count 17 — Theft of drugs - not guilty

Count 18 - Tampering with evidence - guilty

Firearms specification - guilty

FRANK LEWIS can be reached at (740) 353-3101, ext. 232 or flewis@heartlandpublications.com