FULTON COUNTY, OH (WTOL) - Nearly two weeks ago, a Fulton County jury sentenced James Worley to death for the murder and kidnapping of Sierah Joughin. But ultimately, the judge will make the decision in deciding James Worley's fate, between death and life in prison.
Worley's attorneys submitted a 24-page sentencing memorandum to the Honorable judge Jeffrey Robinson.
A big portion of the document lays out a case as to why the defense team still believes Worley should only be sentenced to life in prison without the chance of parole.
The defense says the major contributing factor as to why they are pushing for the life sentence is because Worley suffered from several mental illnesses.
When Criminal Psychologist Dr. John Fabian took the stand during the sentencing portion of the trial, he testified that he diagnosed the convicted killer with Sexual Paraphilia Disorder.
In his report , Dr. Fabian said he believes this disorder is what caused Worley to act on sexual urges in the kidnapping and murder of Sierah Joughin. The report also states another diagnosis of sadism caused Worley to get aroused in humiliating and torturing Joughin.
In the state's much shorter sentencing memo, they made a clear cut argument for the judge to deliver a sentence of the death penalty.
The Prosecutor stated that Worley had an average upbringing and knew the difference between right and wrong. So despite diagnosis from Dr. Fabian, the state argued the evidence and aggravating circumstance outweigh any disorders of traits Worley was diagnosed with.
Judge Robinson will take the jury's recommendation under advisement along with all the evidence presented to determine the sentence he feels is fit for the crime, which will be executed Wednesday, April 18.