WICHITA, Kansas, May 16, 2008 – The overturning of a death sentence by the Kansas Supreme Court has friends of a murdered Goddard couple questioning justice.

Gavin Scott, the man accused of killing Doug and Beth Brittain back in 1996, will now have the death penalty phase of his case re-heard in Sedgwick County.

The Brittains were murdered in their rural Goddard home 12 years ago by two intruders while their three children slept. One of their children would discover their bodies.

Gavin Scott was sentenced to die, but Friday morning the Kansas Supreme Court overturned his sentence citing among other things, errant instructions given by the judge to the jury during the penalty phase.

Joan and her husband, Dick, were the Brittain’s best friends. Joan reacted to the news.

"It's very upsetting I'll guarantee you,” said Joan Loudenback. "Doug and Beth didn't have any choices, so I don't see why he (Scott) should have any choices.”

But given the Supreme Court's ruling, a Sedgwick County jury will have the choice to give Gavin Scott life behind bars, or the death penalty when it assembles for Scott's second penalty phase.

Defense attorney Charlie O’Hara, who is not involved in the case, says just because one jury convicted Scott and gave him death, doesn’t mean the new one will follow suit.

"Really it's not the overwhelming evidence that decides if someone is put to death,” O’Hara said. “It's some other considerations; someone can clearly be guilty and not be put to death. It has to do with the heinousness of the crime.”

The Loudenbacks say when the jury does convene, they’ll be looking in.

"We'll be there, most definitely,” Joan said.

The other man convicted for the murders was sentenced to two consecutive life sentences.