Would a judge sentence Lee to death?

Mobile, Ala. (WALA) - A jury recommended that Michael Lee spend the rest of his life in prison without parole.

Lee was found guilty of capital murder in the 2010 shooting death of Kyser Miree.

And while the jurors recommend that he stay behind bars, they don't have the final say.

A judge makes the last call, and Alabama is very unique in how this process plays out.

After a week's worth of testimony, and hours of deliberations, a 12-member jury decided Michael Lee should be sentenced to life without parole.

But Judge John Lockett could change that. A sentencing hearing has been set for August where Lockett could decide to overturn the recommendation, and sentence Lee to death.

The Equal Justice Initiative has been doing a lot of research into judge overrides. It's a nonprofit legal group based in Montgomery.

Director Bryan Stevenson says,"Most of the time, the judge imposes the same sentence that the jury returns but there are a striking number of cases where judges override jury verdicts and impose death sentences. The constitutionality of that is very much in question."

Alabama, Florida and Delaware are the only states that allow judges to override a jury's recommendation.

The EJI says Florida and Delaware have strict guidelines for this process, and there are very few cases where a judge overrode a jury and sentenced someone to death. But EJI says in Alabama the rules are not as strict, and this state has the highest death sentencing rate per capita in the nation.

Stevenson says, "I think the system would be a lot more reliable and a lot more just if we eliminated override."

The EJI says Alabama judges must explain why they're overturning a jury's verdict.

Michael Lee's defense team says they were satisfied with the jury's recommendation on Wednesday, but the prosecution says they will still make the case for the death penalty.

Mobile County has had a number of judges overturn jury recommendations over the years.

A recent report from EJI shows around a dozen men were sent to death row after a Mobile County judge overrode a jury's recommendation.

One case was Jarrod Taylor, who was convicted for slaying three people at a car dealership before Christmas in 1997.

A jury recommended life without parole, but former Judge Douglas Johnstone decided Taylor should be put to death.

The documents don't reveal whether Judge John Lockett issued overrides over the years, but ultimately, Lee's fate lies in his hands.

Lee's sentencing hearing has been set for August 9.