Ex-ballplayer gets death sentence for 1999 killing all over Gomez's apartment. Gomez was convicted of rape, kidnapping and murder in 2001, but his sentencing was delayed because of changes in how death sentences are imposed in Arizona. A new jury, convened in 2003, sentenced him to death. That verdict was thrown out by the Arizona Supreme Court in 2005 because the jury may have been influenced by seeing Gomez in shackles and leg irons. A third jury was convened late last month to consider whether he should be sentenced to death or to life in prison for the murder. Gomez refused to attend the latest trial. Nonetheless, the jury found an aggravating factor of cruelty, which qualified him for the death penalty. Gomez appeared in court for the first time on Tuesday to make a statement, against the wishes of his attorneys. Speaking in Spanish, his words translated by an interpreter, he disputed the facts of the crime at length, though his guilt was decided years ago. He told the jury that he was convicted of murder because he is Black and Hispanic. "The judicial system in Arizona only functions for a certain class of people," he said. "As a Hispanic in the Arizona, you are SENTENCE Continued from B1 guilty until proven innocent." He also spoke at length about Sosa, whom he claimed to have "helped in all aspects of his career." But he added bitterly and sarcastically, "Sammy Sosa is now suffering from Alzheimer's, and he no longer 1 remembers who Fabio Gomez is." In criminal trials, some evidence or testimony is excluded because it is highly prejudicial to the defendant. But that evidence can sometimes be introduced if the defense "opens the door" that is, refers to the material. After Gomez's speech, when the jury had left the courtroom, prosecutor Patricia Stevens asked the court's permission to introduce several witnesses to rebut Gomez's story. They included ex-girlfriends willing to talk about Gomez's unwanted advances to other women, about moments of brutality and prior arrests. Steinle limited what would be admitted, citing case law that says rebuttal should not be a "limitless attack on the defendant." "This trial has been done three times," Steinle said. "I'm not going to err by letting too much in.' Jurors got the case at noon Thursday. Minutes before 4 p.m., they announced that they had a verdict. Because of the late hour, Steinle ordered that it be read Friday morning so that Gomez could be present.