His siblings and when it was it was in the fields saturated with pesticides. They say these are mitigating factors jurors should consider. The morgan hill teen disappeared en route to school and her body has never been found. All of these factors did not excuse his behavior but may have affected his behavior. Thats what the defense wants this jury to cling to, that this was someone who wasnt the average kid growing up. That he had a lot of challenges and the decisions he made later in life were affected by that. Reporter prosecutors countered his father never abused him and was loving toward his children. Other garcia family members came in contact with presumed pesticides but didnt kidnap or kill anyone. Still, defense lawyers hope a sliver of lingering doubt may sway the panel of 12 to vote for prison instead of a lethal injection. Theyre in a penalty phase in a Death Penalty case and need to take risks at this point. Reporter one of the risks could be recalling prosecution witness w