Michael Scott

A father’s testimony brought six jurors and one prosecutor to tears on Monday morning. Bob Ayers, the father of 13-year-old Amy Ayers, was the last witness to testify for the state in the penalty phase of the trial.

It was Mr. Ayers' testimony that caused six female jurors, prosecutor Darla Davis, Amy’s mother and the mother of the Harbison girls to cry. Monday was the second time Mr. Ayers had taken the stand in the case.

On Sunday, after 22.5 hours of deliberations, jurors found Michael Scott guilty of killing the Amy Ayers. A separate trial with the same jurors began Monday morning to determine whether Scott gets a life sentence or death for his crime.

	Details about trial
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“Other than taking care of her headstone and bench at the cemetery, there’s just not a whole lot left to do for her,” Mr. Ayers said. “I love Amy. I wish somebody could tell me what I’m supposed to do with it.”

He said his daughter was a good student, loved her brother and she loved animals. She wanted to be a veterinarian, he said.

“Nothing is the same,” he said of his loss. “I’m starting to run out of things to do for her.”

The state introduced three pictures of Amy and showed them to the jury. The defense asked no questions of Mr. Ayers.

The defense called Jeannine Scott, the wife of the defendant, as its last witness, she told the jury she met her husband in 1992, but didn’t marry him until early 1998. She said Scott was in the process of legally adopting her now 6-year-old daughter Jasmine until this case interrupted their lives.

“I can’t think of anybody who could be a better father,” she said, noting that he taught Jasmine to write and tie her shoes. “When I’m not feeling well, he makes sure she’s taken care of. … Her daddy is her hero.”

She said Scott’s childlike nature is one of things she loves most about him and that it’s changed her cynical nature.

“Michael has taught me that there are people out there with good hearts,” she said.

Mrs. Scott described her husband, as most of the other character witnesses did, as supportive and a good listener.

“He is my Lancelot. He’s there to support me when I’m frustrated, angry. [He] helps me face all of the challenges of life,” she said.

She sees her husband as often as jail rules allow. Scott sends his wife newspaper comics he thinks will cheer her up. He also parents from jail as best he can, she said, suggesting movies and activities for Jasmine.

On the day he was arrested, Scott was scheduled to take his last GED test, she said.

The defense also introduced three pictures of the Scott family to the jury. The prosecution did not ask any questions of Mrs. Scott.

“[He’s] my first-class Scout. He’s my No. 1 son,” said Philip Scott, Scott’s step-father, the only father he has known. “That’s my gentle giant.”

He recalled the time they would spend together at the Native American culture Explorer Post after he divorced Scott’s mother. Mr. Scott said they would regularly go to those activities as they did the Saturday following the murders.

Mr. Scott said he noticed no change in his son’s behavior on or after the day of the murders.

He also said his son did not confess the murders to him, as the state said he did in the guilt-innocence phase of the trial.

“We did stuff, I would have seen something. His little brother would have seen something,” the elder Scott said.

Philip Scott’s wife, Deborah K. Scott, stepmother to the defendant, also testified through tears.

Danen Milam, a neuropsychologist, testified on behalf of the defense. She talked about the development of the human brain, saying it doesn’t reach maturity until 21. From reviewing school records, she said Scott was a classic case of Attention Deficit Hyperactive Disorder. She described him a lonely misfit who bounced back and forth from special education to general population classes.

“At age 17 he probably was probably no more than 10 or 11 years old emotionally,” Milam said.

The penalty phase of a capital murder trial works just like a trial with opening statements, evidence, witnesses and closing arguments.

Court resumes at 9 a.m. Tuesday, when Judge Mike Lynch will read the sentencing charge to the jury, both sides will have an opportunity to present closing arguments and then the jury will deliberate on punishment. Once given the case, the jury will be sequestered until they reach a decision.

The state did not offer an opening statement, but Scott's attorney, Carlos Garcia, did comment.

“Regardless of what we think, we respect your verdict … the bottom line is you did what you had to do,” Garcia said in his opening statement. “It doesn’t mean you have to kill him."

“This is not a weighing test for one life against another,” Garcia said of the penalty phase.

	Summarized testimony
Prosecution witnesses Anthony Banta, a Travis County jail worker, said he found two manufactured weapons in Scott’s cell on Jan. 28.: An unsharpened pencil with a hook sticking out of it and an empty plastic pen tube with two paper clips inside of it, along with a broken piece of a razor blade melted into the end of the pen. The defense countered that those were tools Scott made to work on his broken radio. David Seguin, a friend of Scott’s, testified that he and Scott were in a medieval reenactment group. Scott once told Seguin that he was the “mushroom king” of Austin and had made $100,000 in one year dealing hallucinogenic mushrooms. Seguin said he didn’t believe him then or now. Scott never lost his temper, Seguin said. Brenda Urban was the manager of an adult bookstore where Scott worked from 1992 to 1993. She said she had to fire Scott because he was stealing from the cash register. She remembered the two got into a shouting match over the incident. She said other employees had quit because of his temper. Under cross-examination, Urban said Scott was a good employee and manager. Defense witnesses Suzanne Johnston, a school friend of Scott’s testified about their friendship and time in orchestra together. She said he was “patient” and that he was “a good listener.” After not speaking to Scott for a few years, she tried to find him in Austin – on the day he was arrested. Bud Youhill met Scott through the medieval role playing club. He described Scott as “laid back” and said he was “never really violent.” Alexander Kieke, a special education teacher at McCallum High School, testified that Scott was one of his students. Deborah Collins testified that she gave Scott a job and let him live with her. She also let Scott, his wife and their daughter live with her for a time. She described him as “helpful” and a “proverbial Boy Scout.” Kenneth Keys told the jury about his friendship with Scott and their work together in the medieval role playing group.