On March 14, 2001, a federal jury convicted Gilbert on three counts of first-degree murder, one count of second-degree murder and two counts of attempted murder.[19] Though Massachusetts does not have capital punishment, her crimes were committed on federal property and thus subject to the death penalty. Prosecutors, in an attempt to secure a penalty of death, sought to admit evidence of aggravating factors during the penalty phase, including Gilbert's 1998 conviction for the bomb threat; the defense introduced evidence of mitigating factors, including the well-being of Gilbert's two children.[20]