Wisner Desmaret Trial to Start on Charges of Killing FMPD Officer

Wisner Desmaret

Jury selection is set to start today for Wisner Desmaret, who is charged with First Degree Murder in the killing of Fort Myers Police Officer Adam Jobbers-Miller in 2018. Jobbers-Miller was responding to a complaint, when he was allegedly tackled by Desmaret, who took his firearm and fatally shot him. The State is seeking the Death Penalty on the case. Desmaret fired his attorney, and will be representing himself at the trial. Desmaret has a documented mental health history — he’s had prior criminal cases in which he was found incompetent to stand trial, and subsequently received treatment. His competency has been evaluated in this case, but he has been found competent to stand trial.

It should be noted that competency, his ability to appreciate the charges and comport himself in court, is different from the defense of insanity. Insanity is a mental disease defect so extreme that at the time of the offense, the defendant could not understand what he was doing or could not understand that what he’s doing was wrong. It’s a difficult defense, as individuals are presumed innocent, and as an affirmative defense, the burden is on the Defense to prove the insanity by clear and convincing evidence.

While prior counsel filed a notice that they intended to use insanity as a defense, citing schizophrenia and abnormal brain scans, Desmaret may not use that defense now that he’s representing himself for the trial. At a pretrial conference last week, Desmaret in discussing the case raised some issues that he may argue at trial, and they were kind of all over the place. At one point he discussed a lack of certain DNA evidence, suggesting an identification defense, at other times talking about police violence, suggesting a justifiable use of force defense. Then he made some comments suggesting a conspiracy theory about them wanting to harvest his blood. It won’t be clear what he argues as his defense until the trial gets going, and with his addled brain, it may not become clear.

Jury selection is slated to start today. The trial should take several weeks, possibly two or three, but maybe several, depending on how things go.

Man Charged with Killing Fort Myers Officer Intends to Claim Insanity

Wisner Desmaret

Wisner Desmaret, the man accused of taking the gun from and killing officer Adam Jobbers-Miller in 2018, has filed a notice of intent to rely on insanity as a defense in the case. This was expected, as he was caught on the scene, as well as on body cams, and Mr. Desmaret has an extensive mental health history. Desmaret had previously been declared incompetent to stand trial on prior offenses. Insanity is different from incompetence, and is an affirmative defense. That means the Defendant concedes the underlying action, and then the burden is on him to prove that he should be excused by the defense. To demonstrate insanity in Florida is difficult to prove: not only must the defense demonstrate the “mental infirmity, disease, or defect”, the Defense must show that the issue was so great that the Defendant did not know what he was doing or that what he was doing was wrong. It’s insufficient to merely claim that one is insane… it has to be proved that the mental issue is very extreme.

Desmaret could be facing the death penalty if he is found guilty.

Mark Sievers Sentenced to Death

Mark Sievers

Mark Sievers was sentenced to death today after being found guilty at trial of first degree murder for planning his wife’s killing. The jury found that Sievers had instigated the plan for his wife, Dr. Theresa Sievers’, murder by asking his friend Curtis Wayne Wright to carry it out. Wright traveled from Missouri with his friend Jimmy Rodgers, and the two bludgeoned Dr. Sievers in her home before travelling back to Missouri.

Curtis Wayne Wright pled guilty to murder, and agreed to testify against the others in exchange for a 25-year sentence. Rodgers was found guilty of second-degree murder in his own trial, and sentenced to life in prison. Mark Sievers was found guilty last month, and the jury recommended death during the sentencing phase. Today, the judge imposed a death sentence.

Sievers testified at the hearing today, still proclaiming his innocence, but asking for mercy. The judge indicated he would leave mercy to God, and that Sievers’ actions warranted the death penalty. As with all death penalty cases in Florida, it will be appealed to the Florida Supreme Court.

Alleged Cop-Killer Desmaret to be Evaluated for Competency

Wisner Desmaret

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.

Alleged Cop-Killer Desmaret Indicted for First Degree Murder

Wisner Desmaret

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.

State is Seeking the Death Penalty Against Murdering Granny, Lois Reiss

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.

Lois Riess Indicted for First Degree Murder

Lois Riess

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.

State Plans to seek Death Penalty in Diana Alvarez Case

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.

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

Florida’s Death Penalty Reinstated, Governor Signs Law for New Procedure

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.