concurring in part and dissenting in part.
I concur with the majority opinion, except part III. I cannot affirm the imposition of a $9.5 million dollar punitive damage award against this defendant, already imprisoned, without any apparent means of support, and already subject to a $9.5 million dollar compensatory damage award.
The facts of this case certainly warrant the imposition of punitive damages. Simply because the imposition of punitive damages are warranted, however, does not mean that they can be assessed in any amount. Recently decided cases from the United States Supreme Court establish that the amount of punitive damages assessed against a defen*855dant must be carefully tailored to the particular facts at hand in accordance with specific standards to assure due process. BMW of North America, Inc. v. Gore, — U.S. —, 116 S.Ct. 1589, 134 L.Ed.2d 809 (1996); Honda Motor Co. v. Oberg, 512 U.S. 415, 114 S.Ct. 2331, 2335, 129 L.Ed.2d 336 (1994); TXO Production Corp. v. Alliance Resources Corp., 509 U.S. 443, 113 S.Ct. 2711, 125 L.Ed.2d 366 (1993); Pacific Mutual Life Insurance Co. v. Haslip, 499 U.S. 1, 111 S.Ct. 1032, 113 L.Ed.2d 1 (1991).
Here, it appears that the trial court assumed a one to one relationship between punitive and actual damages would pass constitutional muster. I do not believe that this standard, alone, is sufficient. The record is wholly silent as to why this amount is necessary to further punish the defendant or to deter others from this type of admittedly outrageous conduct.
In contrast to the majority, I believe this issue was sufficiently raised in defendant’s general due process challenge and I would remand for reconsideration.