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Hardy sentenced, jury deliberates on sentencing recommendation

HUNTSVILLE, Ala. (WHNT) — A jury reconvened Friday morning to make a sentencing recommendation for Warren Hardy, convicted of the August 2016 murder of Kathleen Lundy, 72, a NASA retiree.

On Thursday, the jury found Hardy guilty on all five counts:

  • One count of capital murder in the commission of a robbery
  • One count of first degree kidnapping
  • One count of first degree kidnapping
  • One count of first-degree domestic violence and aggravated stalking
  • One count of discharging a firearm into an occupied vehicle

Jurors met for a short time Thursday morning before announcing the verdict, then immediately began deliberating on the sentencing recommendation.

Witnesses have been called to the stand to give statements as part of the penalty proceedings, including Lundy’s husband, Rusty.

Defense attorney Larry Marsili urged jurors to sentence Hardy to life in prison without parole, rather than the death penalty. He said Hardy’s mental health issues were no excuse but had an effect on that fateful day.

Marsili also asked jurors to determine if Hardy should be convicted for his actions on the worst day of his life.

Prosecutor Tim Gann said the death penalty was justice for Hardy and his actions were shocking. He added that Hardy could have taken care of Lundy without killing her, but he did.

Gann also said they were asking for a death sentence, not because of the emotion of the moment but because he deserved it.

If 10 or more jurors vote for the death penalty, that will be the recommendation forwarded to Madison County Circuit Judge Chris Comer. If fewer than 10 vote for the death penalty, the jury will recommend Hardy be sentenced to life in prison without the possibility of parole.

Because the case occurred in 2016, before the state abolished the judicial override rule in 2017, the jury’s decision for or against the death penalty is a recommendation, and the Circuit Court Judge of Madison County, Chris Comer, will have the final say on the matter.


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