GALENA, Ill. - Prosecutors are asking the court to keep the defense from introducing certain types of testimony and arguments in the event jurors decide David Damm's punishment.

Damm, 60, of Waterloo, is charged with first-degree murder, conspiracy and kidnapping in the Oct. 27, 2006, beating death of 13-year-old Donnisha Hill.

If Damm is convicted of first-degree murder, jurors will have to decide if he is eligible for the death penalty and, if so, rule on his fate.

Prosecutors with the Illinois Attorney General's Office asked the court to prohibit jurors from being told about the percentage of people facing execution, any witness opinions about capital punishment and information about the deterrent effect of the death penalty.

Also barred would be testimony or arguments about the cost of capital punishment, comparisons with other cases were death wasn't imposed and references to the Bible or church positions on the issue, under the prosecution's request.

It would also prohibit information about Illinois' current moratorium on execution and prior exonerations of people on death row.

The penalty phase of capital punishment cases revolves around the character of the defendant and the facts of the crime.

The defense introduces possible mitigating factors in an attempt to show jurors the defendant isn't as bad of a person as one might conclude from evidence submitted during the trial.

Trial for Damm is scheduled to resume today at the Jo Daviess County Courthouse in Galena.

Contact Jeff Reinitz at (319) 291-1578 or jeff.reinitz@wcfcourier.com.