In jail, Gary sketches Nicole and continues writing letters that speak of his erotic longing, art, and mysticism. He reflects on Bernini’s Ecstasy of St. Theresa and describes a private chant, “GOOD THINGS COME TO US NOW” as a source of power (387). He admits to Gibbs that he has begun to feel something for his victims.

Daily life in the cell veers between comedy and hostility. Gary defaces the walls with labels, mocks the accent of a Hispanic guard named Luis, and loses his temper over haircutting scissors before apologizing when he worries that he may lose his visitation privileges. Gary and Gibbs intimidate a new inmate, Bart Powers, pressuring him into requesting transfer to isolation, but Gary refuses a guard’s request for them to use violence against him, since he does not want to work for the guards. They joke crudely with guards, throw butter at the walls, and barter cigarettes.

Despite his bravado, Gary remains focused on Nicole, writing intensely possessive letters and oscillating between artistic concentration, humor, and aggression while awaiting trial.

Esplin and Snyder ask Dr. John Woods to testify at a mitigation hearing. Woods agrees, but warns that psychiatric findings offer little basis to argue legal insanity. Though he feels a personal affinity with Gary’s compulsive risk-taking, Woods finds no clear psychosis. Gary’s descriptions of feeling “under water” during the murders seem vague rather than delusional. Woods reflects on his own past in football and medicine. He separates psychopathy from psychosis, since he believes psychopaths may feel powerful within imagined hostile forces, while psychotics are overwhelmed by them, but admits that the law recognizes only psychosis as insanity.

The defense explores a prior Oregon report labeling Gary paranoid, yet the reporting psychiatrist refuses involvement and would not support an insanity claim. Concerns about Prolixin treatment and its psychological effects yield no firm legal advantage. The psychiatric evaluations consistently conclude that Gary is competent and responsible.

Nicole searches for a “real good lawyer” to defend Gary but recognizes that this is very expensive (401). After discussing the cost of famous lawyers, she considers extreme measures to raise money. Gibbs suggests Utah defense attorney Phil Hansen, who has a reputation for taking difficult cases. Hansen meets Nicole, promises to represent Gary without fee, and schedules a jail visit but fails to appear, deepening Nicole’s despair.

Gary writes bitterly about his appointed counsel and his isolation. Gary’s letters to Nicole continue to oscillate between sexual desire, jealousy, rage, and remorse. After Nicole admits that she is sleeping with other men, Gary responds with possessive fury, then apologizes, admitting to his emotional instability and fear of abandonment. Nicole promises to be loyal to him.

Meanwhile, a new inmate, Gerald Starkey, is placed in their tank after killing Cameron Cooper. Gary and Gibbs mock and intimidate him. Gary continues planning an escape, believing jail security to be lax. When Sterling refuses to hide hacksaw blades in a pair of shoes, Nicole attempts the task herself but fails to conceal the blades convincingly.

The trial of Gary begins in Judge Bullock’s courtroom in Provo, prosecuted by Noall Wootton. Wootton, who had shifted from defense to prosecution after earlier experiences with repeat offenders, seeks the death penalty on the grounds that Gilmore poses a continuing “risk to society” (414).

On the eve of trial, Snyder and Esplin inform Gary that psychiatric testimony will not support insanity. Gary refuses to exclude prosecution witnesses so Nicole may remain in the courtroom, conceding a tactical advantage because he wants her present.

During the trial, Wootton methodically presents physical and eyewitness evidence: Blood trails linking Gary to the motel, the recovered pistol, ballistic matches, and Peter Arroyo’s identification. The defense challenges minor procedural points but calls no witnesses.

After the prosecution rests, Esplin also rests without presenting evidence. Gary reacts angrily, accusing his lawyers of mounting no defense. They argue their strategy preserves doubt and avoids reinforcing the prosecution’s case; they insist that it is “not easy to sentence a man to death” (423). Gary then insists on testifying despite their warning that it would ensure conviction.

Nicole misses court after an argument with Gary, who had mocked her declarations of loyalty. She later attends but feels detached. That night, she goes out drinking with Sue, travels to Salt Lake with a member of the Sundowners motorcycle club, where she has sex with him despite resolving to remain faithful. The next day, she resolves “never to sleep with another guy for the rest of her life” (427). She returns to court ashamed and conflicted, fearing Gary might ask.

In court, defense attorney Michael Esplin requests that the courtroom be cleared as Gary seeks to reopen the case and testify, claiming he expected some defense and believed he had grounds for insanity. Judge Bullock warns him of cross-examination risks. After counsel reiterates that no psychiatrist will support a legal insanity defense, Gary withdraws his request.

Prosecutor Noall Wootton delivers a focused closing argument emphasizing the intentional nature of the killing. Esplin argues for reasonable doubt and possible second-degree murder. After brief deliberation, the jury finds Gary “Guilty in the First Degree” (433). The court recesses before the mitigation hearing.

At the Mitigation Hearing, the courtroom fills up as the jury decides between “the death sentence or life imprisonment” for Gary (435). Defense attorney Craig Snyder objects repeatedly to damaging hearsay, including testimony about prior assaults and prison misconduct. A chemist testifies that Gary’s blood alcohol level was not high enough to negate responsibility for the murder. Dr. John Woods confirms that Gary was not psychotic and understood the wrongfulness of his actions.

Next, Gary testifies, admitting he shot Benny Bushnell but claiming he felt detached and compelled. On cross-examination by Noall Wootton, he appears cold, acknowledging that he ordered Bushnell to lie down and pulled the trigger. He refuses to explain his personal motives. In closing arguments, Wootton argues that Gary is beyond rehabilitation and a continuing danger to society. Snyder pleads for life imprisonment. When invited to speak, Gary declines.

The jury returns a unanimous death sentence. Asked his preference, Gary says that he prefers “to be shot” (447). He is transferred under heavy security to Utah State Prison.