This question is for all the prosecutors assigned to retry the Penry reversals. What are you telling the potential jurors about the first trial?

We agree the jury must be told that D is already convicted but cannot be told that he'd previously received a death sentence. We are divided, however, about whether we tell them whether the first trial was by jury or judge. Exactly how much detail should they be told?

Ladies and gentlemen of the jury, the defendant stands before you, having already been convicted in a fair trial of the offense for capital murder. You are now here to decide his punishment.

It will become apparent that some time has passed since the defendant was found guilty. And you might well wonder why you are here, after some delay, in deciding the punishment. However, that explanation is not relevant to your decision today.

You will receive information regarding the circumstances of the offense, any criminal history or character evidence, and any other evidence relevant to punishment. But, you will not receive any information about the reason for a separate hearing on punishment. And you should not speculate as to that issue. So, can you set aside that explanation for now, and simply decide whether the defendant should be sentenced to life in prison or death?

. . . and there you have it.

I guess that's why you're the DA. Thanks!