Loading ...Penalty Phase to Begin in Sarasota Death Case
A Sarasota jury convicted Michael King last Friday of capital murder in the death of Denise Amber Lee. The penalty phase is scheduled to begin tomorrow. All parties were in court this morning for a hearing on several motions regarding exactly what evidence and which witnesses will be presented to the jury.
The Tampa Tribune, for some reason, described today’s hearing as an “emergency hearing” pertaining to King’s mental stability, citing the court’s spokesperson. It seems more likely that the penalty phase was scheduled to begin on a Tuesday so that the parties would have time to sort out various motions and objections prior to presenting evidence.
It is our understanding that this morning’s motions related to victim impact statements and expert testimony. Attorneys for both sides had arguments regarding those subjects which needed to be ruled upon before they could commence the penalty phase. One of the topics of expert testimony is expected to be King’s mental health.
After a defendant is found guilty of capital murder, a separate hearing is held (to the same jury) in which the prosecution presents “aggravating factors” about the crime and the defendant while the defense presents “mitigating factors”. The jury must then weigh the aggravators against the mitigators and determine whether to recommend the death penalty.
In the King case, the defense will apparently portray King as a hardworking single father with no history of crime or violence. They will also ask the jury to spare King’s life for the sake of his 12-year-old son.
They may also present expert testimony to convince the jury that King had diminished mental capacity as a result of a brain injury. Diminished mental capacity, prior criminal record and family background can all play into a jury’s decision in a death penalty case.
Prosecutors will argue that Lee’s kidnapping, rape and execution-style murder was extraordinarily horrific and cruel. They will present evidence of her kind nature and her two young children.They will focus on King’s detailed planning of his crime.
The case received substantial attention from the local media, which escalated to national attention during the trial. The proceedings, in whole or in part, have been viewable on television and/or the internet, almost in their entirety.
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