Jury begins deliberating in 2nd phase of Maui murder trial

Jurors who found a Maui man guilty of murder in the death of his pregnant ex-girlfriend began deliberating Tuesday on whether the killing was especially heinous.

They found Steven Capobianco guilty last week of murder and arson in the death of Carly "Charli" Scott, who was five months pregnant with Capobianco's child when she disappeared in 2014.

The second phase of deliberations is for an allegation that Capobianco killed Scott in an "especially heinous, atrocious, or cruel manner." Capobianco faces life in prison for second-degree murder. The jury's second verdict will determine whether he can receive an enhanced sentence of life in prison without the possibility for parole.

"Killing Charli Scott was not enough for this man," Deputy Maui Prosecuting Attorney Robert Rivera told jurors Tuesday, calling him a man without a conscience. Rivera held up Scott's black skirt showing multiple stab wounds in the abdomen area, saying that the stabs show that Capobianco made her suffer.

Capobianco not only murdered Scott, but he made her suffer "unnecessary torture," Rivera said.

All murders are arguably heinous, atrocious and cruel, said defense attorney Jon Apo, who suggested that Scott's death was quick with less suffering. Unnecessary torture, Apo said, would have been one stab wound to make her suffer a long death.

The prosecution has a sympathetic jury, Apo said, noting one of the jurors is pregnant. The judge sustained Rivera's objection to mentioning the pregnant juror.

The jury sat through about six months of testimony before beginning deliberations in the verdict phase on Dec. 1.

Capobianco didn't testify during the first phase. He told the judge last week he also wouldn't testify during the second phase, The Maui News reported.