A federal judge presiding over the Aryan Brotherhood murder trial in Santa Ana, California, has ruled that the Sixth Amendment to the U.S. Constitution, which requires that defendants be given the opportunity to confront and cross examine witnesses testifying against them at trial, applies to at least part of the federal death penalty sentencing procedure as well. The U.S. Supreme Court ruled in 2004 in Crawford v. Washington that testimonial evidence from a person against a defendant cannot simply be presented in the form of a document, but instead the witness must be present for cross examination. U.S. District Judge David Carter ruled that Crawford applies to federal death penalty sentencing, as well. "Because the death penalty is uniquely different in its finality and severity, increased scrutiny is required at every step of the capital process to ensure that death is the appropriate penalty," Carter wrote. Some of the government's evidence relies on incidents that occurred 30 years ago, and it did not plan to present witnesses to back up all of its case.