David A. Brener, Criminal Defense Attorney
Welcome to the Criminal Law Blog of Fort Myers Criminal Defense Attorney
David A. Brener, Esq.
"Over 22 Years Criminal Defense Experience"
Experience DOES Matter
My Passions are:
The U.S. Constitution
The Florida Constitution
The 1st, 4th, 5th, 6th & 8th Amendments
Defending the accused, no matter what the accusation.
Defending Capital Cases, and Saving People From the Death Penalty.
Rock, Blues, and Jazz
David A. Brener, Esq. has been a member of the Florida Bar since 1988, the Federal Bar since 1989, and the Federal Trial Bar since 1992. He is a member of the Bar of the Supreme Court of the United States, and the Court of Appeals for the Eleventh Circuit (covering Florida, Alabama, Georgia, and Mississippi).
He is the current President of the Florida Association of Criminal Defense Lawyers, Lee County Chapter, and the Chairperson of the Criminal Law Practice Section of the Lee County Bar. Mr. Brener is the only fully qualified Lee County attorney on the Registry for Capital Death Penalty Cases. Brener is a qualified capital post-conviction lawyer for the Commission on Capital Cases, and a frequent writer on homicide and capital defense. In addition, he is a long- standing member of the the National Association of Criminal Defense Lawyers.
In twenty-two (22) years as a criminal defense lawyer, he has handled many thousands of criminal cases, including the trial of hundreds of cases through verdict, as well as:
•negotiated thousands of favorable plea bargains on behalf of clients with prosecutors in Lee County and the Twentieth Circuit (Naples, Punta Gorda, LaBelle);
•personally handled approximately fifty (50) homicide cases;
•acted as lead defense counsel or co-counsel in seventeen (17) capital first degree murder cases where the death penalty was sought;
•successfully received a waiver of the death penalty or a jury recommendation against the death penalty in sixteen (16) of those cases (one case is pending), and has no(zero) clients on death row;
*successfully defended Kemar Johnston, the alleged "ringleader" in the "Cash Feenz" double murder case from the death penalty, and secured a unanimous recommendation for life from the jury, despite tremendous negative pretrial publicity and a public outcry for the death penalty;
•handled and tried over one hundred and fifty(150) cases to juries in Miami-Dade, Broward, Palm Beach, and Lee Counties.
Over his career as a criminal defense lawyer, Brener has written, published or been quoted in various media including:
•“Prosecutorial Misconduct in the Penalty Phase Closing Argument of a Capital Case,”published in Florida Defender Magazine (Winter 2007)
•“Thoughts on Delays in Death Sentences,” Guest Opinion, Fort Myers News-Press(January 10, 2008)
•“The Mitigation Specialist as an Integral Part of the Defense Team in a Capital Murder Case,” Res Gestae, Lee County Bar Magazine (November 2008)
•“Limitations on the Scope of Voir Dire,” Res Gestae (January 2009)
•“The Bottom Line,” Res Gestae (February 2009)
•“The Necessity for a Special Jury Instruction on Heat of Passion Manslaughter,” Res Gestae (March 2009)
•“Death Penalty Costly in Hard Economic Times,” Guest Opinion, Fort Myers News-Press (April 02, 2009)
•“Florida’s Death Penalty Problems and Recommendations,” Res Gestae (May 2009)
•"Arraignment Exception Swallows Rule" ; Res Gestae (August,2009)
•"On Jury Nullification," Res Gestae (October 2009)
•"Not Just Wishful Thinking: The American Bar Association Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases," Res Gestae, (January 2010)
*"It's All Junk: Defense Counsel's Duty to Litigate Forensic Evidence," Res Gestae,(May 2010)
*"Re-thinking Change of Venue in High-Profile Capital Cases: Staying Put and Using Pre-Trial Publicity and Morgan v. Illinois To Remove Pro-Death Jurors," to be published, Summer 2010.
David A. Brener has been quoted in numerous newspaper and television media outlets, including:
•The New York Times
•The Washington Post
•The Miami Herald
•The Naples Daily News
•The Fort Myers News-Press
*The Palm Beach Post
*The Fort Lauderdale Sun Sentinel
*Cape Coral Daily Breeze
He has appeared on IN SESSION (formerly COURT TV) as a special local commentator in the Juan Mendez double murder case, and is frequently asked to give his opinion in matters of law or strategy by local media outlets.
Mr. Brener sponsored the "MOVE IT or LOSE IT" Campaign with the Lee County Sheriff's Office, and received the First Annual Waterman Broadcasting Community Service Award.
David Brener served as lead defense counsel on a wide variety of criminal cases that were brought to trial, including cases where the charges were:
•FIRST DEGREE MURDER
•SECOND DEGREE MURDER
•SEXUAL BATTERY (RAPE)
•AGGRAVATED ASSAULT AND BATTERY WITH FIREARM / DEADLY WEAPON
•ARMED AND UNARMED ROBBERY
•ARMED AND UNARMED BURGLARY
•GRAND THEFT AND DEALING IN STOLEN PROPERTY
•POSSESSION AND USE OF FIREARMS AND WEAPONS
•DRUG SALES, DELIVERIES, PURCHASES, AND POSSESSIONS
•HOME / BOAT INVASION ROBBERY
•POSSESSION OF NARCOTICS WITH INTENT TO DISTRIBUTE
•CULTIVATION AND MANUFACTURE OF ILLEGAL DRUGS
•BATTERY ON LAW ENFORCEMENT OFFICER
•FLEEING AND ELUDING
•LEWD ASSAULT, BATTERY AND MOLESTATION
•ECONOMIC / WHITE COLLAR CRIMES and
*FEDERAL AND STATE GUN CHARGES
Call 239-332-1100 to set up an appointment.