ALBUQUERQUE (KRQE) - John McCluskey's state of mind the day he murdered an Oklahoma couple could play a major role in determining if he'll be put to death.
A federal court jury earlier this week convicted the Arizona prison escapee of the 2010 murders near Santa Rosa.
The jury must now decide if he should get a life sentence or death.
On Tuesday McCluskey's attorneys filed a motion indicating that they'll use a mental health defense to try to save his life. They said they will introduce evidence about McCluskey's state of mind at the time.
Prosecutors maintain McCluskey is a man who will kill to get what ever he wants.
The sentencing phase will start next week.
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Today’s top headlines with Matt Mauro, Elizabeth Alvarez and meteorologist Kristen Van Dyke.