The defense has filed 2 new motions- one to vacate death eligibility and the second to vacate the aggravating factor. One of the primary reasons cited in the motions by the defense is the use of the word ‘especially’ in the phrase: “especially heinous.” Nurmi contends that use of that word implies the statue was designed for a judge, not a jury. He said that ‘layperson jurors’ are left to ‘muddle through’ the definition with a defendant’s life in the balance. Maricopa County Attorney called this a standard procedural move: “Those are defense attorneys doing their job advocating for their client,” Montgomery said Wednesday. “Obviously, we disagree.”