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Prosecution Rests Death Penalty Case in Cop Killing

The prosecution has rested its case for the death penalty for convicted cop killers Levon Warner and Eric Floyd after emotional testimony from the victim's family.

KYW's Tony Hanson reports the defense is set to begin making its case for life in prison on Wednesday.

Philadelphia police Sgt. Stephen Liczbinski was gunned down just days before his 40th birthday, and widow Michelle -- testifying through tears -- told the jury she went from planning a birthday party to planning a funeral.

Namesake son, Stephen, told the court in a letter that holidays can be the worst -- especially Christmas, his dad's favorite. And they still celebrate his dad's birthday, but Stephen talked of the difficulty of singing happy birthday to someone who is not even there.

Daughter Amber, the youngest -- just shy of 16 when her father died -- says he will always be in her heart, although she is anguished he will not be there for her first day of college, her graduation, her wedding day and the birth of her children.

Earlier Tuesday, the jury was told that 41-year-old Levon Warner, who stands convicted of the first-degree murder of Philadelphia police sergeant Stephen Liczbinski in 2008,  started committed burglaries when he was just 17.  And a history of violent crime followed: numerous burglaries in Philadelphia and the suburbs.

One victim was blind. In another case Warner stole the victim's car keys -- and car.

The jury had already learned that he was involved in two armed robberies  in which a co-conspirator was killed -- including the bank robbery that preceded Liczbinski's murder.

A significant history of violent crime is a so-called "aggravating" factor that the jury can consider as it determines whether Warner and co-defendant Eric Floyd should be sentenced to death for Liczbinski's murder or serve life in prison.

The penalty phase of the trial is expected to extend into the end of next week; a two-day recess is expected this week to accommodate the need of at least one juror.

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