The Defendant appeals his conviction for murder in the first degree and the sentence of death imposed by the jury.1 This opinion is delivered in two parts, with a separate opinion addressing Part II.
In Part I of this opinion we address the following issues:
(1) Admission of evidence regarding his escape attempts;
(2) Shackling of his feet and hands;
(3) Prohibition of mitigation evidence at sentencing;
(4) Admission of his statement to police;
(5) Propriety of the prosecutor’s closing argument;
(6) Unconstitutionality of the death penalty; and
(7) Proportionality of sentence of death.
After careful review, we affirm the conviction for murder in the first degree. In Part II of this opinion, Judge Williams sets forth his minority position on the following issues:
(1) Application of the (i)(2) aggravating factor in the imposition of the death penalty; and (2) Cumulative effect of errors.
The position of the majority on the issues addressed in Part II is set forth in the separate opinion filed by Judge Witt, in which Judge Hayes has joined. The majority concludes that the verdict is enigmatic and uncertain, requiring reversal of the sentence of death and re-sentencing.