Last week 20-year-old Joshua Turner was found guilty of beating a baby to death.

This part of the trial is called the penalty phase.

The problem is the defense is trying to say Turner is mentally disabled.

By law the mentally handicapped cannot be executed.

In court Monday Turner ate candy and continuously glanced at the clock while jurors listened intently to testimony that will soon decide his fate.

Family members of 19-month-old Leonard McIntire, or "LJ", as they call him, shared pictures of the baby before Turner bit him, shook him, and broke his bones.

Now they are saying Turner's definitely got the where-with-all to know better than to do what he did to a baby.

"He understands exactly what he did. He knows exactly what he did," said Jim Shirley.

Monday psychologists from both the prosecutor and the defense side took the stand addressing Turner's low IQ.

The prosecution said Turner's not mentally disabled. The defense disagrees.

The trial will continue.