State Indicts on Fort Myers First Degree Murder

Last week, the State Attorney's Office indicted Manuel DeJesus-Rosales on charges of first degree murder and attempted first degree murder in the stabbings of his daughter and grandson. This case has the hallmarks of a death penalty case, and the spokesperson for the Office announcd that it would be taken before the death penalty committee soon. I think it is a foregone conclusion that they will seek the death penalty, as they can allege that the capital felony was especially heinous, atrocious and cruel, cold calculated and premeditated, occured after a prior violent felony (contemporaneous crime on daughter), victim under twelve, and defendant in familial authority of victim. Five aggravators usually sows up the state's request for the ultimate penalty. It remains to be seen what kind of mitigation Mr. DeJesus- Rosales has, and whether they actually receive a death recommendation.

DEATH PENALTY WAIVED IN LEE COUNTY MURDER CASE

Yesterday, I received a Notice of Withdrawal of Intention To Seek The Death Penalty in State of Florida adv. Richard Elkins. Mr. Elkins is alleged to have killed and sexually assaulted a man who had, without Elkins' permission, grabbed his genitals. The state had been seeking the death penalty since 2007, but after details in the case became more fully known, the prosecutor was persuaded to take another look at the case to see if it really justified the ultimate punishment. Capital cases are supposed to be reserved for the most aggravated and least mitigated of murders, and without Elkins' D.N.A. linking him to the sexual assault, a sweetheart deal for the older and more mature co-defendant, Elkins' young age at the time of the homicide (18), and clear evidence of extensive drug and alcohol intoxication, the case simply could not, by any reasonable standard, be considered the worst of the worst.
Usually, defense lawyers consider going to the jail a necessary but unstimulating part of their job. Seeing Richard today in the jail and informing him of the state attorney's reconsideration of its decision was, without a doubt, a very happy occassion for both me and my client.