Fort Myers Homicide Lawyer David A. Brener Wins Life Sentence For Day Care Murder Case

Criminal Defense Attorney David A. Brener of the Law Offices of Brener and Demine, P.A., secured a life sentence, instead of the death penalty, for Defendant Robert Dunn in the so - called Bobby Noonan Day Care Center murder case. After presenting one hundred mitigating circumstances to the jury in the penalty phase of this capital trial, and persuading the trial judge to preclude the jury's consideration of two of the five listed aggravating circumstances - heinous, atrocious, and cruel, and great risk of death to many persons - the jury recommended that Mr. Dunn's life be spared and that he be sentenced to life in prison without possibility of parole. Dunn was convicted of first degree murder, armed burglary with intent to commit murder, and child abuse for entering the day care center, hunting down his estranged wife who was hiding in a bathroom, and shooting her multiple times in the presence of five small children, including his own daughter. The Court followed the jury's recommendation, and today sentenced Dunn to two concurrent life terms and a concurrent sentence for the child abuse charge. This was Brener's twentieth capital case, and his twentieth success at keeping his client off death row.

David Brener Gets Death Penalty Waived in Collier County Murder Case.

Fort Myers Criminal Defense Attorney David A. Brener, representing Rodsheek Williams in a Collier County first degree murder case, was present in Collier Circuit Court today when the state announced it was waiving death as a possible penalty in the event the defendant was convicted of first degree premeditated murder. Brener was appointed in May 2012 on the four year old murder, attempted murder and armed robbery case, and with this concession, has no clients on death row. Brener has handled over twenty capital murder cases. Law Offices of Brener and DeMine, P.A. 2550 First Street Fort Myers, FL. 33901 239-332-1100 www.murderlawyerflorida.com

David A. Brener and Thomas E. DeMine 239-332-1100 Have Relocated Back To Downtown Fort Myers

Attorneys David A. Brener and Thomas E. DeMine 239-332-1100 have relocated their offices back to downtown Fort Myers. The Firm will still be known as the Law Offices of Brener and DeMine, P.A., and will still handle all state and federal crimes, including Murder and other Violent Crimes, Narcotics Offenses, Thefts, Frauds, and White Collar Crimes, Sex Offenses, Probation and Control Release Violations, and Driving Charges and DUI. The Firm will be located at 2550 First Street, Fort Myers, Fl. 33901.
Brener and Demine, P.A.
http://www.justiceisourpassion.cim
239-332-1100

Attorney Thomas E. DeMine of Brener and DeMine, P.A. 239-332-1100 Elected President of Lee County Chapter of Florida Association of Criminal Defense Lawyers

Congratulations are in order for Attorney Thomas E. DeMine of the Law Offices of Brener and DeMine, P.A., who was recently elected President of the Florida Association of Criminal Defense Lawyers, Lee County Chapter, for the year 2012. Tom is a Partner in Brener and DeMine, P.A., which focuses on state and federal criminal defense, including murder and other violent crimes, narcotics offenses, sex crimes, conspiracy, firearms and weapons offenses, probation and control release violations, driving charges and DUI, as well as thefts, frauds, and white collar crimes. Tom DeMine is a former Lee County Prosecutor, and is admitted in all the courts of the state, as well as the United States District Court for the Middle District of Florida.

Law Office of Brener and DeMine, P.A.
2550 First Street
Fort Myers, Fl. 33901
239-332-1100
www.justiceisourpassion.com

Florida Murder Lawyer and Fort Myers Attorney David A. Brener 239-332-1100 Gets Client 10 Years In Cape Coral Strangulation Case

Florida Murder Attorney David A. Brener 239-332-1100 based in Fort Myers recently persuaded the state attorney's office to abandon murder charges against his client, Mathew Gullett of Cape Coral, who was accused of strangling his girlfriend to death, leaving her body in a bathtub, and fleeing to Ohio, where he was shot by police during his apprehension. Gullett allegedly admitted committing the homicide to several people, including emergency personell, friends and family. After investigating the case and preparing for trial, the defense was able to persuade the prosecutor to reduce the charge to manslaughter, and to a sentence of ten years incarceration. With credit for time served and gain time, Gullett, who was facing true life in prison, will be out of jail in approximately six (6) years, while he is still in his thirties.

Brener and DeMine, P.A.
2550 First Street
Fort Myers, Fl. 33901
239-332-1100
www.murderlawyerflorida.com

Lee County and Fort Myers Murder Lawyer David A. Brener 239-332-1100 Gets Murder Charges Dismissed in "Steak N Shake" Case

Fort Myers and Lee County Murder Lawyer Attorney David A. Brener 239-332-1100 recently persuaded the state attorney's office to dismiss murder, home invasion robbery, and aggravated battery with a firearm charges against his client, Patrick Nelson, in the Cape Coral "Steak N Shake" murder case. The client pled to one count of burglary while armed, and received a sentence of 120 months in prison, less approximately 20 months time already served. He was originally facing two life sentences plus 45 years.

The Judicial Overrride of Life or Death Recommendations in Capital Cases in Florida, by David A. Brener, Esq.

THE JUDICIAL OVERRIDE OF THE JURY’S LIFE OR DEATH RECOMMENDATIONS IN CAPITAL CASES IN FLORIDA, by David A. Brener, Esq.

In Florida, judicial overrides in capital cases have been part of our statutory scheme since 1972, when the trial judge became the actual sentencer in capital cases. Prior to that, the jury sentenced the defendant to either death or life imprisonment. An override occurs when a judge sentences a capital defendant to a sentence that is different than the one recommended by a majority of the jury. The override was initially intended as a way to protect a capital defendant from a jury recommendation based on juror emotion, and without the experienced perspective and dispassionate analysis that a judge has in comparing the capital case to other first degree murder cases. Judges were an extra level of protection for the capital client.

In practice, however, historically most judicial overrides, rather than protecting the defendant from an impassioned, wayward jury, were life to death overrides where the court sentenced the defendant to death notwithstanding a jury recommendation of life. Many have speculated that political considerations, re-election hopes, and the desire to appear tough on crime are responsible for the large number (at least 167) of life to death overrides in Florida. In Tedder v. State, 322 So.2d 908 (Fla. 1975), although the Florida Supreme Court approved of life to death overrides only in circumstances where clear and convincing evidence showed that no reasonable person could differ that death was the only appropriate penalty, the liberal use and supreme court affirmance of the override, even in cases where heavy majorities voted for life, undermined the strong language allegedly restricting its use.

Ring v. Arizona, 536 U.S. 584, (2002), cast doubt on the continued viability of life to death overrides, as the jury’s recommendation of life may well constitute a “verdict” to the effect that the aggravating circumstances were not proven beyond a reasonable doubt, or were “insufficient” to justify the imposition of the death penalty. See Florida Standard Jury Instruction 7.11. Thus, life to death overrides may well violate the defendant’s Sixth Amendment right to Trial by Jury as announced in Ring, and in any event, the law now appears to preclude such an override unless there is no mitigation in the record to support a life recommendation. See e.g., Ferry v. State, 507 So.2d 1373, 1376-77 (Fla. 1987); Boyett v. State, 688 So.2d 308, 310 (Fla. 1996).

On the other hand, death to life overrides are still cognizable in Florida. Since 1992, there have been 36 judicial sentences to life after a jury recommendation of death. The percentage of death to life overrides, as one might expect, decreases as the number of jurors voting for the death penalty increases, with the highest number of overrides (13) occurring when the vote was 7-5 in favor of the death penalty, and only two (2) cases where the vote was 12-0 in favor of the ultimate punishment. The reasons for the judges’ decisions to override the recommendations of the juries vary, and demonstrate how conscientious and, indeed judicious, are some members of our judiciary. While most death to life overrides result in no public criticism of the overriding judge, and no election challenge, most judges are nevertheless aware of the mob and pro-death mentality which accompanies high profile capital cases. To ignore those social and political considerations and do what the court thinks is right, is the epitome of what it means to be a judge, and is one very important reason for the independence of our third branch of government.

According to Professor Michael Radelet’s research, since 1992 sixteen (16) overrides were based, in part, on the defendant’s mental illness or retardation, nine (9) overrides were based on questions about intent or premeditation, thirty-five (35) where the mitigation outweighed the aggravation, eleven (11) involved consideration of the defendant’s lack of criminal record, and others included questions about who was the triggerman, or considered the defendant’s remorse, responsibility or cooperation. Several local judges issued death to life overrides in high profile capital cases, including the Honorable Thomas S. Reese (3), William Nelson (3), Isaac Anderson, and Edward J. Volz. The current judicial college death penalty lecturer, a proponent of capital punishment, the Honorable O.H. Eaton, has overridden a jury recommendation of death to life on more than one occasion.

Given the existence of the death penalty in Florida, perhaps our tripartite system of capital punishment – a separate penalty phase, a jury recommendation, and a sentence issued by a judge - can indeed afford an added level of protection to capital defendants, at least when the Court gives meaning to the mitigating evidence in the case, is precluded from overriding a life recommendation, and reserves the ultimate penalty for the truly worst of the worst.

David A. Brener is a Fort Myers criminal defense lawyer who concentrates on homicide and serious felony cases, and is the Chairperson of the Criminal Law Practice Section of the Lee County Bar Association.