Fate not yet decided for father of beaten toddler

Fate not yet decided for father of beaten toddler

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by WCNC.com Staff

WCNC.com

Posted on March 18, 2013 at 12:14 PM

Updated Thursday, Dec 5 at 4:11 AM

CHARLOTTE, N.C. -- The jury hasn’t yet made a decision on whether a father convicted of murdering his own son will get life in prison or death row.

Monday marks the third day the jury has been deliberating Andre Hampton's fate.

The judge told the jury they're under no clock.

It took the jury about four hours to convict Andre Hampton of abuse and murder by torture of his 23-month-old son, Elijah Burger.

Now, the same jury has been deliberating for around 14 hours since closing arguments in the sentencing phase ended last week.

The jury has to answer 39 questions in the sentencing paperwork to reach their verdict. It has to be unanimous.

In general, prosecutors say it's tough to get a Mecklenburg County jury to hand out a death sentence, and it's a much bigger weight on jurors' shoulders determining life or death than guilt or innocence.

If for some reason there's a hung jury on the sentencing, it defaults to the judge, who will sentence Hampton to life in prison without parole.

No one is saying that's where the jury is at this point; only the jury knows how much progress they're making.

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