Tuesday morning update: the trial has been postponed. As of this morning, the State is asking to stay the trial to appeal the court’s ruling yesterday that the notebook written by Lavaya May would not be admissible. The problem with that is, the Defendant had demanded a speedy trial, so the state is asking the judge to stay the speedy trial until the appeal can be ruled on. That’s extraordinary relief. WINK news is reporting that the trial will be put off up to 90 days, but it sounds like things are very much in flux, at this point.
- May Accused of 2nd Degree Murder, Conspiracy to Commit Murder and other charges
- May Allegedly got persuaded 2 of her friend to kill 58-year-old Ted Lee
- May, who is still a minor, claims Lee started molesting her when she was 8-years-old
The trial and jury selection for the murder trial of Lavaya May is scheduled to start Tuesday morning, the trial could take 2 or even 3 weeks to complete, according to the attorneys handling the case. Although May was 16 at the time, she has been charged as an adult, and is facing life in prison on the murder charge.
The prosecution just found out that they lost some of their evidence after a day-long suppression hearing. The judge heard evidence and argument on Friday, and just Monday afternoon ruled that the state cannot introduce evidence from a journal that Ms. May was keeping in custody.
That’s the second suppression loss for the state, as the court previously ruled that the statement Ms. May made when she was arrested was illegally obtained in violation her rights. After the killing, May and the others fled out of state. When they were arrested, an attorney ad-litem who had been appointed to May contacted the Sheriff’s office and indicated she was invoking Ms. May’s right to have her attorney present. Detectives, recognized the issue, and contacted the State Attorney’s office, who incorrectly advised them to proceed with the interrogation of the juvenile May without her attorney. It was a clear violation of her right to counsel, and now they will not get to use her statement, either.
The State’s star witness will likely be the co-defendant, Jonathan Ruffini. Ruffini, who was 18-years-old at the time of the offense, a year ago, has already entered a guilty plea, and agreed to accept 25 years in prison for his role, in exchange for agreeing to testify. The other defendant, then-23-year-old Hunter Tyson, has also accepted a plea agreement for 40 years in prison, and there is no indication in his court file that he was given consideration for cooperation. It’s anticipated that Ruffini will testify that he and Tyson committed the murder at the behest of his friend/girlfriend May, due to her complaints about being molested by Lee. (Lee doesn’t have a DOC photo yet, as he’s being held in the Lee County Jail in anticipation of his being called to testify in the May case. There have been some changes in his story, and only recently did the state list him as a witness, so he may not be that reliable for them.
The challenge for the state is substantial, as it appears pretty clear that Ruffini and Tyson committed the murder, by baseball bat and knife- with Tyson being the primary killer. To prove a murder, they don’t have to show that May personally took part in the killing, but they can prove that she was a principal to the murder if she aided, abetted, or even encouraged the crime. Under Florida’s principal theory, she is
Hunter Tyson in DOC
just as guilty as the others if she is found to be a principal. She is also charged with Conspiracy, for plotting the killing with the others. She may garner some sympathy, if the Defense is able to introduce the allegations that Lee had molested her for years. However, that is not legal justification for murder, as the abuse was in the, and would not present an immediate danger for self-defense/justifiable use of deadly force. More likely, the Defense team is going to try to frame the case as an act that was done by Tyson and Ruffini on their own, and not at the instigation of May. Both Tyson and Ruffini have admitted to committing the murder, and plead out to murder charges, but May can only bring that up if they are called in to testify. She can still blame Tyson, even if his admission is not admitted. Ruffini’s statement points the finger primarily at Tyson, and the Defense will try to say he’s blaming May to get a lesser sentence. The trial will be interesting to watch.