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
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.
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.
Court watchers have a couple of choices as 2018 gets underway. Two major murder trials have started in Lee and Collier Counties, and that’s after the former Naples Officer was acquitted at trial last week.
In Fort Myers, the trial of Placido Moreno-Torres started yesterday: he’s on trial for murder for a 2016 incident in Lehigh Acres where he shot his wife and the neighbor who tried to intervene in their domestic dispute. It will be an interesting case, as he is likely to claim self-defense, because the neighbor came onto his property trying to break up the altercation, and only then did he retrieve the firearm. He will claim self-defense (and previously filed a stand your ground motion that was denied), but he has an uphill battle if he brought a gun to a fistfight. He is also charged with attempted murder, because after he shot the neighbor and his own wife, he held the gun to his neighbor’s sister’s head and tried to shoot her, only to have the gun misfire. There’s no self-defense argument there. He faces life in prison with a 25-year minimum under 10-20-Life. NBC-2’s Jaclyn Bevis is in the courtroom with live coverage on Twitter.
In Collier County, jury selection is underway for Lisa Troemner who is charged with killing her live-in boyfriend at their Marco Island apartment in 2014. They had apparently been arguing for a while, when it became physical, and she stabbed him. She tried to resuscitate him unsuccessfully, then went to a nearby convenience store to summon help. Again, self-defense is likely to be argued here. Also, a review of the court file indicates the Defense has sought the assistance of a false-confessions expert to challenge her statement, a blood spatter expert, presumably to challenge the findings at the crime scene. The case has been going on for more than three years, including an appeal of some matter while it was pending. She has been in custody the whole time, and is facing life in prison. There are some 150 witnesses listed, and the trial will take weeks, maybe five or more. Patrick Riley from the Naples Daily News is on this one, and has been tweeting from the courtroom as well.
Posted in 10-20-Life, Criminal Law, Florida, Fort Myers / Lee County / Southwest Florida #SWFL, Naples / Collier / Southwest Florida, Stand Your Ground
Tagged collier, donald day, jaclyn bevis, lehigh acres, lisa troemner, murder, naples, patrick riley, placido moreno-torres, self defense, stand your ground, swfl, trial