Category Archives: Florida

Lisa Troemner Found Not Guilty in Marco Island Stabbing Case

lisa troemner

Lisa Troemner

After nearly a month of trial, and a second day of deliberation (the jury went home after a couple hours of deliberations yesterday evening), Lisa Troemner has been found not guilty of second degree murder. There was a chance the jury could have given her a lesser charge, but the Defense’s justifiable use of force case persuaded them, or at least gave them a reasonable doubt. In addition to Ms. Troemner testifying to her relationship with Trevor Smith, she stated that she was scared of him, that he was abusive and controlling, even violent the evening leading up to the killing (he had a BAC over .30). The Defense also presented expert testimony that she was suffering from battered spouse syndrome and even forensic expert testimony that indicated there had been a struggle at the apartment. The State countered with a week’s worth of rebuttal testimony, including counter-experts regarding battered spouse syndrome, and testimony from friends and family of Trevor Smith that in fact Troemner was the jealous, controlling party.

Troemner was facing life in prison if convicted of second degree murder, but she will likely be out of jail this afternoon. This is a huge win for Donald Day and the defense team, and another big Collier County loss for the State already this year…  and expensive after a month of trial. Troemner had been in custody since the date of the arrest, in December, 2014. There was the possibility of a lesser charge, but the jury decided completely in her favor, complete acquittal. There is no appeal on a not guilty verdict.

First reported by Hot Story: https://twitter.com/hotstorycrime/status/962027561055219713

 

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State Counters Lisa Troemner’s Battered Spouse Defense in Ongoing Murder Trial

lisa troemner

Lisa Troemner

After about a week of testimony demonstrating that Lisa Troemner killed her then boyfriend, Trevor Smith, she then testified and her attorneys put on a week or so worth of testimony, including experts, that argued she was justified due to hear fear of Mr. Smith. That’s usually about where a case would normally wrap up, but the State has now spent a about a week on their rebuttal case. The have put on their own expert testimony countering the battered spouse claims, and testimony from friends and family that counter Troemner’s claims that Smith was abusive and controlling. The state countered with evidence that Troemner was jealous, and introduced test messages support their theory. Troemner testified the other day that Smith hulked out with rage, and the investigating officer saw a door that had been broken from its hinges, and it was determined he had a blood alcohol level over .300.

The State rested yesterday afternoon, and closing arguments will being this morning. The State is pushing for second degree murder, and the Defense is claiming that she should be acquitted under justifiable use of force (self defense). The jury could find her guilty as charged, which would mean up to life in prison, they could find her guilty of a lesser, such as manslaughter, which would likely result in a shorter prison sentence, or they could find her not guilty. After nearly a month-long trial, the jury may be out for a while, but a resolution is nearly at hand.

A Look at the Ramifications of Florida’s Death Penalty Issues

The procedure for Florida’s Death Penalty was found to be unconstitutional, despite efforts to rework it, until March of last year, when a procedure that meets Constitutional muster was approved and signed into law. But what to do with the cases that had been sentenced under the old procedure. Florida’s Supreme Court ended up splitting the baby, basing their decision on when the US Supreme Court issued their controlling decision in Ring v. Arizona back in 2002. The Florida Court decided that the rule would be applied retroactively to cases decided after the Ring decision, but that individuals sentenced before then are out of luck: even though the Court had already decided the procedure used to sentence them was unconstitutional.

The decision is based on the rule that decisions based on procedure will not be retroactive. In the last several weeks, the Court has been busy issuing ruling after ruling that declines to apply the rule announced in the Hurst case to pre-2002 convictions. This column from the Tampa Bay Times takes a look at the spate of opinions that have recently been released, and the sometimes incongruous results. It’s definitely worth a read.

Via: Tampabay.com

Video from DUI Arrest at the McDonald’s Drive Thru

christopher bidzinski

Christopher Bidzinski

ABC-7 tracked down the body cam video of the guy who passed out in the McDonald’s drive thru a few weeks ago. It is his third DUI arrest in the last three years. Employees called cops after Christopher Bidzinski fell asleep in the parking lot, waiting for the food he had ordered. When officers arrived, he told them to take him to jail, and at one point, attempted a cartwheel while officers were trying to conduct field sobriety tests. The entire interaction with the cops was caught on bodycam, and even they can’t help laughing.

Not only does Bidzinski have his own arrests, it appears he was struck by a vehicle a couple years ago while crossing the street when he was intoxicated. It’s clear he has a major alcohol problem: he tells the cops that he deserves to go to jail. He’s been in for three weeks right now, and some time in jail is a major part of getting him sober, but punishment alone is not enough: he will need major, long-term counseling help to stop being a danger to himself and to others.

 

Lisa Troemner Trial Continues, She is on the Stand

lisa troemner

Lisa Troemner

The Defendant in the murder of Trevor Smith on Marco Island, has taken the stand in her own Defense. Lisa Troemner had previously admitted to stabbing her then-boyfriend to death, and her attorney indicated that she claims to be acting in self defense. She is now on the stand answering questions, as she tries to convince the jury her actions were justified.

Last week, the state rested, and the defense started presenting their case, including testimony from an expert regarding the effects of drugs and alcohol. The Defense has maintained that Ms. Troemner was acting in self-defense, but the best way for them to convince a jury is if the jury finds her testimony credible. She faces life in prison if the jury does not feel that her actions were justified and finds her guilty as charged. She could also end up with a lesser included offense, such as manslaughter, which would carry a lesser maximum sentence. NDN’s Patrick Riley is live tweeting from the courtroom.

So… This Lady Stole a House

barbara harris

Barbara Harris

Fort Myers police received a call from Barbara Harris and responded to a home, where Ms. Harris indicated the had just purchased an abandoned property. She showed the responding officer documents from the property appraiser that indicated that she was the owner, and the officer told her she could enter the house. She forced the lock and opened the door, setting off an alarm, and then asked the officer to make sure there was no one inside. The officer did, and observed that the house was fully furnished, which was odd since Ms. Harris had claimed that it was abandoned.

Not long after that, a woman showed up with her family, and said, that no, the house was hers. She explained that her family had built the house, and that they certainly had not sold it, and provided documentation that they had been living there. The officer told Ms. Harris to stay away from the house. It appears Ms. Harris did stay away, but she made repeated contacts with FMPD to try to obtain the house.

Ultimately, the homeowner did her own digging, and was able to locate a forged warranty deed that Ms. Harris had filed with the clerk, and used to get the property appraiser to incorrectly display the property owner. It was a good thing she did, because by the time a detective went looking, the false documents had already been purged. It would have been much harder to prove the case without the owners own detective work.

Barbara Harris, who also used the name Barbara Jeffers, Barbara Jeffrey, and Barbara Davis in her scheme was convicted at trial this week. She faced up to 40 years for Theft, Burglary, and some forgery related offenses. There doesn’t seem to be any media coverage of the trial testimony, or what her defense might have been. She had told the detective she’d meet with him, but blew him off. I’m not sure how this case ended up going to trial… perhaps she didn’t want to accept what was probably an offer that included prison time. Regardless, the most amazing thing about this is the audacity of someone to forge their own deed, and then call the cops to try to help them steal a house!

 

The State might be Paying a Key Witness in the Theresa Sievers Murder Case

  • Indications are that Jimmy “The Hammer” Rodgers former girlfriend is being paid by LCSO
  • Rodgers and Mark Sievers facing possible death penalty in the murder of Mark’s wife Dr. Theresa Seivers.
Theresa Sievers

Theresa Sievers

We haven’t had much coverage in the case of Dr. Theresa Sievers, who was killed allegedly at the hands of two associates of her husband Mark, Curtis Wright and Jimmy “The Hammer” Rodgers. Curtis Wright has already pled to second-degree murder charges, and Rodgers and Mark Sievers are facing a possible death penalty. The case is extremely complex, due to the length of the investigation and the fact that it stretches all the way to Missouri, and the parties have been bogged down in discovery issues.

Now, NBC-2 has uncovered something very interesting in a discovery motion filed by Mark Sievers’ attorney. In the Motion to Compel Discovery, Sievers requests records relating to funds that are being paid to Taylor Shomaker. Shomaker was dating Jimmy Rogers at the time of the murder, and gave a statement against him, and is expected to be a key witness wen the case goes to trial. Therefore, if she has received payments for her testimony, especially if she’s receiving them on a regular basis, that’s fodder for the defense attorneys.

mark sievers jimmy rogers the hammer

Mark Sievers and Jimmy “The Hammer” Rodgers

The legal issue is whether the monetary incentive could influence a witness to testify favorably for one party. It’s not unusual for professional or expert witnesses to be paid for the time they spend working on a case: consider a doctor a or a lab expert that may be hired to give an opinion on a case. However, these types of witnesses are expected to be paid, and even then it is just for the actual time they spend. Even then, it is fodder for the other side to impeach a witness based on the money they are being paid to testify. The Defense will argue that she is being paid to get her to testify against the others, and the more money she is paid, the less reliable her testimony will be.

curtis wayne wright lee

Curtis Wayne Wright

Likewise, Curtis Wright is receiving compensation for his testimony, but not monetary. The Defense will argue that Wright is testifying so he can get a better deal. The State already let him plea to 2nd Degree Murder, effectively eliminating the risk of the death penalty for him, and potentially less prison time. In their motion, the the Defense is also trying to get documentation related to Wright’s proffer and his cooperation. Wright’s testimony will be key to tie Sievers into the plot, as it appears Wright and Rodgers committed the murder while Mark Sievers was out of town. They may have some evidence of communication between Sievers and Wright, but his testimony will be key to prove Sievers’ knowledge and complicity in the plot.

Taylor Shomaker

Taylor Shomaker from her law enforcement interview

That’s not unusual, for consideration to be given to one conspirator to go after another. However, the circumstances regarding the payments to Ms. Shomaker are extremely unusual. Perhaps it will be revealed that it was compensation for travel expenses or something innocuous, but the indications in the Defense’s Motion to Compel certainly sounds out of the ordinary.

via NBC-2