Penalty phase: Defense says Horn was raped as a boy - Action News 5 - Memphis, Tennessee

Penalty phase: Defense says Horn was raped as a boy

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Leaving court: Brian Horn, 37, has been found guilty of kidnapping and murdering 12-year-old Justin Bloxom of Stonewall in March of 2010. Leaving court: Brian Horn, 37, has been found guilty of kidnapping and murdering 12-year-old Justin Bloxom of Stonewall in March of 2010.
Justin Bloxom was 12 years old when prosecutors say he was lured to his death by Horn via text message. Justin Bloxom was 12 years old when prosecutors say he was lured to his death by Horn via text message.
Bloxom's body was found in a wooded area off Highway 171 on March 31, 2010. Bloxom's body was found in a wooded area off Highway 171 on March 31, 2010.
MANSFIELD, LA (KSLA) -

The defense for convicted child killer Brian Horn began to make their case for life in prison rather than the death penalty for their client.

Prosecutors convinced the jury that Horn, 37, posed as a 15-year-old girl to entice Bloxom via text to meet up with him for sex. The boy's body was found in a wooded area off Highway 171 on March 31, 2010.

In the second day of the penalty phase of the capital murder trial, attorney Daryl Gold worked to convince the jury that Horn had not had an easy life, including a history of molestation and abuse at the hands of a relative.

Gold has told the jury that Horn's parents were swingers, he had a very odd childhood and that he was institutionalized as a juvenile. Gold also told the jury that "the same system that failed him now wants to kill him."

Gold told jurors Thursday in his opening statements of the sentencing phase that, "You're going to learn what made Brian Horn this way."

Horn was also institutionalized at the Louisiana Training Institute as a boy, and on Friday, jurors heard from witnesses who worked at that facility. Witnesses were called to the stand, where they testified that Brian Horn was raped there.

However, after testimony from 2 staff members and the warden of the facility, it was unclear whether the alleged rape was reported through the formal process. The prosecution made note of that.

Jurors also heard testimony from an uncle, a cousin and others who knew him.  His first grade teacher took the stand and said she remembered Horn very well because of how difficult he was. "He was very impulsive and bothered other students a lot."

She recalled a time when "He jumped up on the desks and began running around the classroom. The principal came in and he wouldn't even get down for him. He had to put him under his arm."

The hearing recessed for the day just before 5 p.m. on Friday.

Other relatives are expected to be called to the stand when the hearing resumes on Saturday morning, including Horn's mother, before closing arguments are made and the jury is asked to decide his fate.

A death sentence is only possible if every juror agrees to it. If one juror does not, Horn would be sentenced to life in prison.

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