ORLANDO, Fla. — Jurors continued to hear testimony Tuesday as they weigh whether to recommend a death sentence for convicted killer Scott Nelson.
- Defense attorneys call convicted killer's brother to testify
- James Nelson said father was abusive to him and Scott Nelson
- Jurors are deciding whether to recommend death for Scott Nelson
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They found Nelson guilty of first-degree murder last week in the 2017 killing of Winter Park nanny Jennifer Fulford.
Now, Nelson's attorneys are fighting to convince the jury to recommend sparing Nelson's life. A jury recommendation for the death sentence must be unanimous, so Nelson's team just needs to convince one of the 12 jurors that Nelson should get life in prison instead.
Defense attorneys on Tuesday at the Orange County Courthouse called Nelson’s brother, James, to the stand. James Nelson testified that his father was emotionally and physically abusive to him and Scott when they were growing up.
He testified that Scott’s father had an affair and divorced his mother when Scott was 12, and after that, Scott supported their mother emotionally and financially.
James Nelson became emotional as he talked about how Scott at one point gave up his car to help their mother.
"He was only in high school, and I found out he had sold the car so he could give my mother the money," James Nelson testified.
But prosecutors tried to diminish the defense’s portrayal of Nelson’s difficult childhood and its potential impact on his adult life by pointing out that his older brother endured the same upbringing.
“Sir, let me ask you this – you do not have a criminal history, do you?” said Ken Nunnelley, Assistant State Attorney.
A neuropsychologist testified that when he tested Nelson, they found the part of his brain used to reason and make decisions was dysfunctional, likely due to head injuries from car crashes, incidents in prison, and from chronic, severe heart trouble.
On Monday, jurors heard tearful testimony from Fulford's two children and her husband.
"I will live the rest of my life without having my biggest supporter to cheer me on and lift me up," Fulford's daughter, Hanna Geist, said via video from Texas.
Nelson’s defense attorneys are expected to take several more days to call people to the stand in their effort to spare Nelson’s life.
Nelson chose to testify in his own defense during the first portion of the trial, and it’s possible he could take the stand again — that decision is ultimately up to him.
If the jury declines to recommend a death sentence, Nelson will likely be sentenced to life in prison.