In Feb. 1996, Hootman alleged killed 89-year-old Denward Tune, a business client. The victim was sight and hearing impaired, and used a cane or a walker. In May, 1996, the Legislature approved a new "aggravating factor" as a basis for the death penalty: The victim was vulnerable due to disability or advanced age. The State sought to apply the factor to Hootman, but the defense argued this would violate the prohibition against "ex post facto" laws. The trial court agreed, and the Second District certified the case to the Supreme Court.