Sir, let me ask you this: Are there circumstances where you feel you could give the death penalty? You mentioned you wouldn't feel comfortable doing it unless you actually saw it or unless you heard someone admit to it. Are there circumstances where you could give that punishment?

PROSPECTIVE JUROR: That's the only two that I can thin of right now.

MR. SCHOLL: So there are some circumstances where you could give that punishment if it actually showed; is that correct?

THE COURT: So you're not foreclosing the possibility of giving the death penalty. Is that correct, Mr. Pannell?

THE COURT: You're just stating that you would have to see sufficient proof to satisfy you that the aggravating circumstances outweigh the mitigating circumstances.

PROSPECTIVE JUROR: Sufficient proof in my eyes would be what I witnessed myself or what the person charged with the crime - if they said that they did it, yes, I could go along with it.

THE COURT: Let me ask you this: If you felt that the state had proven the aggravating circumstance that they allege - you're satisfied that they have proven that and that it outweighed the mitigation - the mitigating circumstances - but neither of these criteria that you set forth existed, are you saying, then, that even though you felt that the state had proven their aggravating circumstances, you still could not follow the law and impose the death penalty?

[THE COURT:] You set up two criteria that you say are the only two by which you could consider voting for the death penalty, and I'm saying what happens if, in your mind, if you determine that the state has proven, beyond a reasonable doubt, the existence of the aggravating circumstance they allege, and you further find, in your mind, that that aggravating circumstance does, indeed, outweigh, beyond a reasonable doubt, any mitigating circumstances that have been presented - if you find that the law had been satisfied in that regard as it's set up by the legislature, but you find that these two circumstances that you set forth aren't part of this process - don't exist in this process, are you saying that because of that, you could not go forward an impose the death penalty?

PROSPECTIVE JUROR: I would have a hard time taking what I would hear coming from witnesses' accounts and everything because, just like I said, just last week in the paper about some incidents down in Florida -

THE COURT: Well, we wouldn't want to get into what was in the paper because we don't try cases in the paper or on TV.

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