Court ties conditions to killer's execution

Nordstrom was convicted of participating in two robberies that resulted in the deaths of six people in 1996. A Pima County judge sentenced Nordstrom to death, but the U.S. Supreme Court later decided juries, not judges, must sentence defendants in capital cases.

In April, Pima County Superior Court Judge Michael Cruikshank ruled prosecutors didn't have to present aggravation evidence. The judge said the factors that called out for an aggravated sentence were already inherent in the guilty verdicts themselves, and the jury could simply sentence Nordstrom after hearing whatever mitigation evidence the defense wanted to put on.

Nordstrom and his attorney, David Darby, appealed Cruikshank's ruling.

On Sept. 14, the Court of Appeals ruled prosecutors must present aggravation evidence.

Prosecutor Rick Unklesbay said he always intended to present such evidence because he needs to prove Nordstrom was a major participant in the four murders he wasn't directly responsible for.

Nordstrom shot two of the six victims; the other four were shot by Robert G. Jones Jr., whose death sentence was upheld before the U.S. Supreme Court threw out all death sentences rendered by judges.

Darby said he was "very pleased" with the higher court's decision because he will now have the opportunity to defend his client against the aggravating factors. He declined to comment on how he plans to do so.

Nordstrom's sentencing hearing, now scheduled for next year, is expected to last 16 to 20 days, Darby said.

Jones and Nordstrom were convicted of entering the Moon Smoke Shop on May 30, 1996, to rob the place and each ended up killing someone.

Two weeks later, the pair went into the Firefighters Union Hall, where Jones shot three customers in the head, killing them. Nordstrom killed the bartender when the bartender was unable to open the safe.

Both cases were solved when Scott's brother, David Nordstrom, the getaway driver in each robbery, contacted police.