The capital murder trial of John Lee Hampton is under way in Pinellas County this week. Hampton faces the death penalty if he is convicted of murdering Lashonda McKinnes in June, 2007 at her apartment in north Clearwater. Opening statements were heard on Monday.

Prosecutors allege that McKinnes was beaten, raped and repeatedly stabbed. Hampton was apprehended nearby with blood stains on his shorts and shoes. Bloody socks were found in a trash can in the complex.

The State Attorney’s Office claims that Hampton gave investigators eight different stories after his arrest. In opening statements, the prosecutor told the jury that Hampton ultimately said that he accidentally killed McKinnes in a struggle when she discovered him looking for cocaine in her apartment.

Prosecutors allege Hampton raped McKinnes then slit her throat, stabbing her neck, cutting her jugular vein. They claim that evidence will show that Hampton then poured lighter fluid and cleaning chemicals on her and tried to wipe away his DNA.

Hampton’s capital murder defense attorney gave the jury a glimpse at the defense case, saying that Hampton and McKinnes had consensual sex after a night of drinking. Hampton then claims he fell asleep and was awakened by a friend who said it was time to go. Hampton then discovered McKinnes, bleeding on the floor, as he passed through the apartment. He tried to revive her, but panicked and tried to clean up before leaving.

One of McKinnes’s young daughters was apparently present during the homicide. She is seven years old and will not testify at trial. Prosecutors may, however, attempt to play recordings of statements she made to detectives for the jury.

If the jury finds Hampton guilty of first-degree murder, they will then consider whether or not to impose the death penalty in a separate proceeding. They will weigh statutory aggravating factors against mitigating factors. In this case, the prosecutors may argue that:

• The capital felony was committed while the defendant was engaged in the commission of sexual battery;
• The capital felony was especially heinous, atrocious, or cruel; and/or
• The capital felony was a homicide and was committed in a cold, calculated, and premeditated manner without any pretense of moral or legal justification.

It is unknown which of the statutory mitigating factors the defense may rely upon if the case reaches the penalty phase.

Felonies, Sex Offenses, Violent Crimes

This entry was posted on Tuesday, June 23rd, 2009 at 7:30 am and is filed under Florida Criminal Law News. You can follow any responses to this entry through the RSS 2.0 feed. You can skip to the end and leave a response. Pinging is currently not allowed.