Timmendequas was convicted of murder, sexual assault and kidnapping involving a young girl in 1994. He had previously been convicted of two sexual assaults in 1982.

The defendant offered evidence that he suffered from Fetal Alcohol Effects. 737 A. 2d at 71. Four jurors found that FAE was a mitigating factor. 737 A. 2d at 73. But all jurors concluded that the aggravating factors of the case outweighed this and all other mitigating factors. 737 A. 2d at 73.