The man charged in the killing of Fort Myers police officer Adam Jobbers-Miller has been ordered to undergo a competency evaluation to determine if he is able to stand trial at this time. Wisner Desmaret will be evaluated by qualified doctors to determine whether his current mental state can support going to trial a this time. One has to be severely impaired to be found incompetent, essentially the experts would have to find that he was unable to understand the charges, the court process, or to effectively assist his attorneys in his defense. If he is found incompetent at this time, that does not mean that he can not be prosecuted, as the state can attempt to restore his competency (through medication and counseling) and he can be brought to trial if his competency is restored.
The evaluation was expected, as there have been previous questions of his competency in his previous cases. He has been found incompetent multiple times, and on one occasion, the court found that his competency was not restorable, based on expert testimony presented. However, another judge found that after restoration treatment, that his competency had been restored, which led to his release from a Sarasota county jail not long before he killed Officer Jobbers-Miller. If he is found incompetent, he will likely remain in custody until his competency is restored, at which point he will face trial for First-Degree Murder. The state has filed their intention to seek the death penalty against him.
A grand jury has returned an indictment for First Degree Murder against Wisner Desmaret, the man accused of killing FMPD Officer Adam Jobbers-Miller. A grand jury indictment is a necessary step in Florida to proceed on First Degree Murder charges, and may be the next step toward the state seeking the death penalty. The grand jury found evidence that he killed Jobbers-Miller with premeditated design or in the course of committing a violent felony (resisting an officer with violence), in addition to additional charges of Resisting with Violence, Robbery, Depriving an Officer of Means of Protection, Attempted Murder and Aggravated Assault on other officers, and Burglary and Grand Theft. The police report indicates that Wisner, a former boxer, knocked Jobbers-Miller down, took his gun, and shot him in the head while he was still on the ground. He then fired at two other officers, one of whom shot Desmaret before he was taken into custody.
Desmaret is set for arraignment on August 27, though that may be moved up, since the indictment has been filed. Chief Assistant State Attorney Amira Fox was the prosecutor who obtained the indictment, and will likely be handling the case.
Posted in Criminal Law, Death Penalty, Florida, Fort Myers / Lee County / Southwest Florida #SWFL, Police
Tagged amira fox, death penalty, fmpd, murder, resisting, robbery, wisner desmaret
Lois Riess at Lee County Jail
The state has filed their notice that they intend to seek the death penalty against Lois Reiss, who allegedly befriended then killed a fellow tourist on Fort Myers Beach. Reiss was wanted in relation to the death of her husband in Minnesota (though at the time, only theft charges had been filed), and it is alleged that she targeted a woman who resembled her so she could steal her identity as she evaded authorities. She is alleged to have killed that woman, stolen her car, and was eventually captured in Texas.
It is not surprising that the State is seeking the death penalty, as they had obtained an indictment for first degree murder a few weeks ago. That is a precursor for seeking the death penalty. Further, the allegations include some aggravating factors, for instance, alleging that the murder was for pecuniary gain and was done to aid the flight from another crime. CNN picked up the latest story, as ‘Losing Streak Lois’ as garnered some national attention, both for the dramatic crime, and the nickname she was given by U.S. Marshall’s for her gambling habit.
Posted in Criminal Law, Death Penalty, Florida, Fort Myers / Lee County / Southwest Florida #SWFL, Gray Menace, Texas
Tagged death penalty, fort myers beach, lois riess, minnesota, murder, texas
The State Attorney’s office held a press conference today to announce that a grand jury had returned an indictment for first degree murder charges against Lois Riess, the granny who allegedly killed a woman on Fort Myers Beach to steal her identity. Authorities have alleged that “Losing Streak Lois” Riess was hiding out from Minnesota, where she is a suspect in her husband’s murder, and used the identity and property she stole from the lady she killed to flee, ultimately until her capture in Texas. She may end up facing murder charges in Minnesota as well, but right now Lee County will proceed first. The indictment for first degree murder supersedes the second degree charges, and may be the next step for the state to announce that they will seek the death penalty. Only a grand jury can indict on first degree murder, and we should expect an announcement soon if the state intends to seek the death penalty.
Jorge Guerrero Torres
The state has announced its intention to seek the death penalty against Jorge Guerrero Torres, who was indicted about a week or so ago for first degree murder in the kidnapping death of nine-year-old Diana Alvarez. Authorities located Guerrero’s phone with incriminating pornographic pictures involving the girl. He has been convicted in Federal court and sentenced to 60 years for child pornography. When he was in jail, he allegedly made incriminating statements that he killed Alvarez and hid her body, leading to the murder charges he now faces. The notice is the next step, after the grand jury indictment for first degree murder, to seek the death penalty, which has been reinstated in Florida.
Lois Riess Lee County mug shot
Extradition complete, alleged killer-granny Lois Riess has arrived in Lee County, and at first appearance today, the judge determined she will be held without bail. Riess is currently facing second degree murder charges in the death of Pamela Hutchinson, who’s body was found a couple weeks ago on Fort Myers Beach. Riess allegedly killed her, stole her identity, her vehicle and cash, and used them to flee to Texas, where she was caught last week. Riess is also suspected in the death of her husband in Minnesota, though charges are still pending there. LCSO even had her delivered to the main office so they could give her a perp walk: a rare ‘honor’ not seen since they picked up Mark Sievers.
While the current charges are for second degree murder, the State could take the case to a grand jury to indict for first degree murder, as the murder appears to be premeditated. If the charges are upped to first degree, the state could decide to seek the death penalty, in light of the aggravating factors that Mrs. Riess may have committed the offense for pecuniary gain and to aid her flight from the earlier murder she may have committed. There may be mitigating factors, such as mental health issues: Texas has indicated that she suffers dementia. Insanity could be a defense, if the mental health disorders were so severe she could not tell right from wrong, though the fact that she may have plotted a murder to abscond on a previous murder would vitiate her insanity claim. The case will be interesting from a legal standpoint.
Lois Riess, ‘Losing Streak Lois’
Lois Riess, who is accused of killing a woman who looked like her in Fort Myers as she fled from charges of murdering her husband in Minnesota, was arrested a few days ago in Texas. Minnesota authorities have indicated that they will wait for Florida to prosecute her while they are still building their murder case against her. There is a warrant for murder charges out of Lee County, while Minnesota initially only filed theft related charges, but it is expected that murder charges will be filed when the investigation is complete. It remains to be seen if Lee County will seek to indict on first degree murder charges, or leave it at second degree. She will face life in prison either way, but the State could seek the death penalty if they up it to first degree murder.
Governor Rick Scott has signed into law the bill amending the procedure for Florida’s death penalty. The new law requires a unanimous jury finding for the death penalty, in order for it to pass constitutional muster.
Marian E. Williams
I spoke with NBC-2 this afternoon about the tragic Arson case in Arcadia where three little boys were killed. I’m not handling the case, but the news wanted to do a little color on Habitual Offenders and what her prior record means. Long story short- Marian Williams is facing a mandatory life sentence due to the First Degree Murder charges, and the State could potentially seek the death penalty. The DOC web page indicates she has already been to prison 7 different times, the last one for Aggravated Battery with a Deadly Weapon. She could qualify as a Habitual Offender, and is unlikely to ever be released from custody.
Watch for me on NBC-2 during the 6 o’clock hour and see if my clip makes the air!
Florida’s “Death Chamber”
The Florida Legislature fast-tracked a fix-it bill for the death penalty, which was found to use an unconstitutional procedure because it did not require a unanimous jury finding for a recommendation of the death sentence. That law was an imperfect fix for the previous procedure, and the Florida Supreme Court subsequently made it clear that a unanimous recommendation would be required to meet constitutional muster. Yesterday the Florida Senate approved a new bill that does require unanimity, and today the Florida House voted for it as well. The bill will head to the Governor’s desk, and he is expected to sign it in short order, effectively re-instituting the death penalty in Florida.
Those sentences to death after 2002 will have to have a new sentencing hearing if the State still wishes to seek the death penalty.
For those death row inmates whose cases were finalized before 2002, it appears the death sentences will not have to be revisited, pursuant to a Florida Supreme Court Decision that came out yesterday. The Court ruled that the legal issue is procedural, which means that it is not retroactive from prior to 2002. The court found that the state can move forward wit the execution of Michael Lambrix, who killed 2 people in Glades County some 30-plus years ago. He will surely seek a federal appeal before his execution goes forward.