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Thread: Leon Davis, Jr. - Florida Death Row

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    Leon Davis, Jr. - Florida Death Row


    Juanita Luciano and Yvonne Bustamante




    June 8, 2010

    Woman's dying statement can be heard during trial

    BARTOW - A Circuit Court judge ruled Monday that the dying statements of one of the women who died after being burned during an attempted robbery can be admitted in next month's murder trial of Leon Davis Jr.

    The jury will hear that Yvonne Bustamante identified Davis as her assailant when neighbors arrived at the Lake Wales insurance office to help her.

    Davis is facing the death penalty on five-counts of first-degree murder from two incidents a week apart in December 2007. It was the worst slaying spree in Polk County history.

    Bustamante and Juanita Luciano, who worked at Headley Nationwide Insurance agency in Lake Wales, both died from their injuries.

    Authorities charge that Davis, 32, attempted to rob the agency where he was a customer, and when the clerks said there was no money, he bound them with duct tape, doused them in gasoline and set them on fire.

    Jurors will know what Bustamante said, but they won't hear comments Luciano made to investigators, according to Circuit Judge Michael Hunter's ruling Monday.

    Though paramedics and police officers who saw Luciano said they didn't think she would survive her burn injuries, the state couldn't produce evidence that she knew she was going to die and stated that, Hunter said.

    Both women told authorities that Davis attacked them, according to police reports.

    Before police arrived, Bustamante asked a neighbor who was helping her to pray for her because she didn't think she was going to make it.

    Lawyers in the case, along with Hunter, said legal issues related to dying declarations are rare, and this instance is among the few times it's been argued in Polk County.

    http://www.newschief.com/article/20100608/NEWS/6085031/1021/news01?Title=Judge-Woman-s-dying-statement-can-be-heard-during-trial

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    June 12, 2010

    “Mail box story” thrown out

    After spending two days reviewing case law regarding in and out of court testimony, Circuit Court Judge Michael Hunter ruled Friday morning to not allow into evidence Johanna Greisman’s alleged conversation with murder suspect Leon Davis when he goes on trial next month.

    Earlier this week, Greisman testified that she had a conversation with Davis just moments before an attack which claimed the lives of Headley Nationwide Insurance clerks Yvonne Bustamante and Juanita Luciano, as well as Juanita’s prematurely delivered son, Michael Bustamante Jr.

    Davis is accused of robbing both women at gunpoint, then restraining them with duct tape, pouring gasoline on them and setting them on fire.

    Johanna is the wife of Brandon Greisman, a city worker who was allegedly shot in the face by Davis as he ran to help Bustamante and Luciano.

    Johanna Greisman’s testimony puzzled both the judge and law enforcement officials, who noted that her March 29, 2010, deposition was the first time any government official had heard what came to be dubbed by defense attorney Robert Norgard as “the mailbox story.”

    Johanna said Davis spoke to her when she was getting her mail, noting he was carrying a gas can and an orange lunch tote, the same items the suspect was said to have been carrying upon leaving the scene.

    Their conversation, she noted, was about four minutes long, and Davis, she said, told her he knew her from Publix where she served him chicken.

    The two talked about their children, and that is when Davis told her he had a son with Down’s Syndrome, she said.

    But the judge, after hearing testimony from Detective Bruce Yoxall of the Lake Wales Police Department, who worked closely with the Greisman family after the attack, found it difficult to believe that such a statement would not have somehow been documented.

    “I can’t imagine any competent detective wouldn’t remember nor had he got that information wouldn’t have recorded it, tape recorded it once it was told to him - and clearly would have written a report on it. And yet none of that occurred - except she said it occurred. Then we fast forward two years and three months, and the first time anybody with government knew anything about this is when you deposed her on March 29 and the mailbox story comes out.”

    Hunter said in Tuesday’s motion hearing that “the lack of documentation as to what she’s saying” makes the testimony “so unreliable that in-court identification would have violated the defendant’s due process rights.”

    Then there was the matter of testimony brought by witness Carlos Ortiz.

    “I feel quite comfortable with allowing both Ortiz’ in-court and out-of-court identification to be admitted,” Hunter said.

    Ortiz and other nearby neighbors ran to Headley Insurance when they saw smoke.

    While Ortiz was running to Headley, Brandon Greisman was running to Ortiz, holding his face with his hand.

    Ortiz noted Greisman was yelling “I’ve been shot, that man shot me in the face.”

    About that time, Ortiz also noticed a tall black man, walking in a “stride” away from the scene.

    Ortiz observed the orange lunch tote and what he believed to be a firearm that Davis had allegedly put back in the bag.

    “I watched him as he walked across the street. I kept an eye on him because I didn’t know if he was going to shoot again,” Ortiz said.

    Ortiz noted he saw Davis go behind the house to a black Nissan Maxima parked there.

    Ortiz was holding a T-shirt over Greisman’s face to stop the bleeding and helped put both burned women into ambulances.

    Breaking down in court for a moment, he said he saw “a lady with all her skin burned off.”

    Ortiz remembered Davis in “passing” at Florida’s Natural Growers where the two worked, but said they did not know each other, since the company is like “its own little city.”

    He verified in court the photo pack from which he identified Davis. He noted he was “100 percent sure” that the man in the photo pack was the man at the scene.

    When Davis attorney Robert Norgard pressed him about the clothes Davis was wearing, Ortiz could not remember.

    Norgard relentlessly questioned Ortiz, seemingly hoping to cast doubt on his credibility, his memory, his definition of an “afro,” his knowledge of turnstiles at Florida’s Natural, his judgment of age and the description of the man he saw.

    Witness Vicki Rivera told prosecutor Paul Wallace she could not identify Davis, so she was released from a second day of questioning.

    In the hallway outside courtroom 9C she appeared relieved.

    Rivera’s testimony may be used, but not regarding Davis’ identification.

    Prosecutors also confirmed they may use testimony of jail inmate Sanchez Preston, deposed this week by Davis’ attorney..

    Norgard said the interview with Preston resembled a “five hour marathon of futility.”

    Hunter urged the state to reconsider using Preston, noting he didn’t want to see a mistrial in the case.

    Prosecutor Wallace said the state would make that decision later.

    In all, Davis faces five counts of first degree murder. A week before the Lake Wales attack, Davis is accused of having gunned down two clerks at a BP gas station in Lake Alfred, allegedly with the same gun used in the Headley case.

    If convicted, Davis could face the death penalty.

    The state and defense will meet again Thursday at Courtroom 9C at the Polk County Courthouse when the state is expected to reveal all photos to be presented in the trial.

    http://www.lakewalesnews.com/articles/2010/06/12/news/local//doc4c1281c57713d988646679.txt

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    June 16, 2010

    Judge admits evidence against Davis

    Evidence collected from Leon Davis’ car can be used in court, said judge Michael Hunter in a ruling during a Friday pre-trial hearing. Davis is accused of robbing Headley Insurance clerks Yvonne Bustamante and Juanita Luciano at gunpoint, restraining both women with duct tape, pouring gasoline on them and setting them on fire.

    Both women, as well as Juanita’s prematurely born son Michael Bustamante Jr., died of their injuries.

    Defense attorney Robert Norgard had filed a motion alleging the search warrant of Davis’ Nissan Altima was “defective and unlawful,” noting the items seized did not match those specified in the warrant.

    The search, executed by Lake Wales Police Department, netted a Walgreen’s plastic bag, Lowe’s receipt and credit card receipt, Davis’ military ID and Florida Driver’s License, his bank card, vacuumings from the vehicle and the vehicle’s floor mats.

    Also seized was the automobile registration belonging to Davis’ wife.

    The only thing the judge said he might have considered not allowing in concordance with the warrant’s specifications was the Walgreen’s bag, but that became a non-issue when attorneys for the state decided against using the bag as evidence.

    Hunter found everything else acceptable, moving to allow the documents of identification because law enforcement would have been able to acquire those without a search warrant.

    But a larger issue, Norgard noted, is the amount of time it took police to return evidence seized.

    The search warrant called for a 10-day “return,” or “filing” of the evidence found in the search.

    According to Chip Thullbery of the state attorney’s office, once a search warrant is finished, its findings are filed with the judge who signed the original warrant.

    Norgard said the return did not happen within 10 days, but actually occurred 10 months and nine days later.

    Police officials offered no comment as of press time Tuesday regarding the timeliness of the filing.

    Hunter found that the late return did not void the warrant, and moved to allow the entire search to be entered into evidence.

    A jury will decide Davis’ ultimate fate.

    He faces the death penalty if convicted.

    Davis is being tried for five counts of first-degree murder, including those at Headley Insurance as well as two clerks shot outside a Lake Alfred BP gas station a week prior to the Lake Wales attack.

    His trial on the Lake Wales charges only is expected to begin next month.

    http://www.lakewalesnews.com/articles/2010/06/16/news/local//doc4c17d2122d765521708510.txt

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    July 8, 2010

    State pushes to exclude eyewitness expert

    Motion hearings in the Leon Davis case continue Friday morning, when the state is expected to move to exclude the defense’s expert on eyewitness identification, Dr. John Brigham.

    Davis is accused of robbing Yvonne Bustamante and Juanita “Jane” Luciano at gunpoint at Headley Insurance Agency, then setting them on fire.

    Both women and Jane’s prematurely born baby, Michael Bustamante, perished because of their injuries.

    The incident took place on Central Avenue in Lake Wales on Dec. 13, 2007. The state attorney’s office is seeking the death penalty in the case.

    There were several eyewitnesses on the scene as both women came running out of the building.

    Fran Murray

    Murray was one of the first on scene after the event and, after getting a glass of water from nearby restaurant Havana Nights for Bustamante, stayed with Yvonne until the ambulance arrived.

    The two women spoke a little during that time.

    Murray said Bustamante pleaded “Please, can you keep me in your prayers I’m not going to make it.”

    Prior to entering court Thursday morning, Murray told the Lake Wales News that Bustamante “knew she was dying.”

    In court, Fran said Bustamante called for her kids.

    “She said ‘I love my kids and I didn’t do anything for any of this, I don’t know why this is happening to me.’”

    Murray said she told Bustamante that if she were allowed to visit her in the hospital, she would, but Bustamante responded “I would like that, but I don’t believe I am going to make it.”

    In an interview with reporters from The Lake Wales News about an hour after the incident, Murray said the women met as Bustamante leaned against an SUV parked in front of the insurance agency.

    “She was standing against the SUV that is in the front parking area. The blood that is there, that is Yvonne’s. She just said ‘My name is Yvonne,’ and I said ‘Hi, I’m Fran and I’m sorry I met you under these circumstances but know that I am thinking of you. And she said ‘Please keep me in your prayers.’ And I said, ‘I will.’ I said ‘Yvonne, this isn’t the last time I’m going to see you. I will see you at the hospital if I can get to you,’” Murray told a reporter in the Dec. 13 interview.

    Brandon Greisman was allegedly shot in the face by Davis as he tried to help the women.

    Following the incident, Greisman said, his family was so traumatized by the event that they couldn’t return to their house, which was located behind the insurance agency. Greisman was a worker with the city and took time off to recover, undergoing surgeries and numerous therapy sessions with several counselors.

    He testified in court he was taking medications for anxiety and depression, as well as post traumatic stress disorder.

    Norgard requested that Greisman’s mental health be evaluated and called for Greisman’s mental health records.

    Paul Wallace of the State Attorney’s Office asked Greisman what his position was as to the release of his records.

    Greisman protested the idea, saying “I disagree strongly. I believe that it is none of his business, I’m there to seek help ... I’m not the criminal, I’m not the one who did this.”

    He did consent to a mental health evaluation, “if it would satisfy” Norgard.

    Greisman was sent out of the courtroom while attorneys discussed such possible evaluation.

    Norgard told Judge Michael Hunter he didn’t want to cross examine Greisman if he was willing to do the mental health evaluation.

    Paul Wallace of SAO objected to the notion of subjecting Greisman to a mental health examination or his having to produce mental health records. That resulted in Greisman’s reappearance for Norgard’s cross examination.

    Norgard alluded to Greisman’s prior health issues and asked for a list of Greisman’s medications, but Greisman said he couldn’t recall all of the names.

    When Wallace asked him to describe the events the day of the attack, Greisman recalled a black man, about five to 10 feet from him, standing in the street.

    He said he did get a look at Davis.

    “Are you able to identify the person that shot you in the face,” Wallace asked, and Greisman said he could.

    Hunter said he would evaluate the cases brought before him by both the prosecutor and defense and make a decision regarding the mental health records at a later date.

    In a related matter, Lake Wales Police Chief Herbert Gillis said a photo pack used shortly after the incident in which a witness, Brandon Greisman, picked Davis’ picture out from a group of mug shots, has been accounted for.

    Carlos Ortiz

    The charges

    Davis faces five first degree murder charges and also allegedly is responsible for the murders of Dashrath Patel and Pravinkumar Patel. Both were store clerks at a BP gas station in Lake Alfred, and died of gunshot wounds six days before the Headley Insurance attack.

    A firearms expert at Monday’s hearing confirmed the same gun was used in both attacks.

    The Headley Insurance trial is set to begin in July, while the BP trial is to take place in February.

    Dr. John Brigham

    State to move to exclude Brigham’s testimony on eyewitness identification and defense proffer

    With the Leon Davis trial just a couple weeks away, defense attorney Robert Norgard wants Circuit Court Judge Michael Hunter to grant his request for an expert in ink-aging.

    The item in question is a photopack misplaced by Lake Wales Police Officer Lynette Townsel, who discovered the missing photopack in a backyard shed at her home.

    The photopack was shown to witness Brandon Greisman, a city worker who ran to the aid of two young women in distress — on fire — and allegedly was shot in the nose by Davis.Townsel had taken home and stored a box of papers from her desk at work, not realizing the photopack was in the box.

    Norgard, a court-appointed public defender, wants to inspect the pack for authenticity, naming Eric Speckin as an expert in ink-aging.

    Speckin’s fee is $2,500 for an initial evaluation of the photopack, then up to $5,000 for trial testimony, travel and expenses.

    If the judge approves the motion, the funds would be drawn from the Justice Administrative Commission, which is responsible for paying for costs associated with defending Davis.

    Davis faces three counts of first degree murder in the Dec. 13, 2007, deaths of Headley Nationwide Insurance clerks Yvonne Bustamante and Juanita Luciano.

    He allegedly robbed the women at gunpoint, restrained them both with duct tape, then set them on fire with gasoline.

    Juanita’s baby, Michael Bustamante Jr., was delivered prematurely and also died.

    http://www.lakewalesnews.com/articles/2010/07/08/news/local//doc4c348bf5a6776030375937.txt

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    July 10, 2010

    Murder trial begins Monday

    Two and a half years ago, a Lake Wales woman and her sister-in-law brutally died when they were set afire during a failed robbery attempt at the insurance office where they worked.

    On Monday, a 32-year-old laborer will stand trial for their deaths - a man prosecutors say both women identified as their assailant before taking their last breaths.

    The state is seeking the death penalty against Leon Davis for the Lake Wales killings and the unrelated shooting deaths of two convenience store clerks in Lake Alfred a week before the insurance office attack. The Lake Alfred case is scheduled for trial in February. The two crimes represent the worst killing rampage in Polk County history.

    The clerk of court's office has summoned 125 prospective jurors to the courthouse Monday for jury selection in the Lake Wales case. Circuit Judge Michael Hunter and lawyers for both sides will inquire about media coverage of the crimes and whether that led any potential jurors to form an opinion about Davis' guilt or innocence. They also will ask jurors about their views on the death penalty.

    Lawyers for Davis and the state anticipate it will take at least two weeks to choose 12 jurors and at least two alternates. If they finish questioning the first 125 before they're able to seat a jury, another 125 are scheduled to come in July 19. Should the lawyers and Hunter decide they can't find 12 impartial jurors, Hunter may choose to move the trial to another county.

    Testimony in the case is expected to take at least six weeks once a jury has been seated.

    Davis, a former employee at Florida's Natural citrus plant, stands accused in the deaths of Jane Luciano and Yvonne Bustamante, who were working at the Headley Nationwide Insurance Office on Dec. 13, 2007, when the attacks occurred.

    Prosecutors allege that Davis, who had been a client of the agency, came into the office that afternoon demanding money. When the women said they had none, he brandished a handgun, tied them with duct tape and forced them into the bathroom. He then doused them with gasoline and set them on fire, and continued to splash gasoline on them as they ran from the building screaming for help.

    Luciano, 23, was six months pregnant at the time of the attack, and doctors delivered her baby prematurely by Cesarean section that night. The baby, Michael Bustamante Jr., lived for only three days. His mother succumbed to her burn wounds 18 days later. Bustamante, the 26-year-old mother of two young sons, died Dec. 18, five days after the attack.

    The women were so brutally burned that veteran law enforcement officers who spoke with them minutes after the attack even now find it difficult to talk about without becoming emotional.

    Neighbors are expected to testify that they saw Davis walking down the street within moments of the attack. Brandon Greisman, a neighbor who was shot in the nose while trying to help the women, has identified Davis as the man who shot him. Before paramedics airlifted Bustamante for treatment, she told authorities that Davis, who she knew as an insurance client, had attacked her, and jurors will hear what she said.

    Bartow lawyer Bob Norgard, representing Davis, has indicated he intends to challenge the ability of eyewitnesses to identify the assailant. He's also suggested that witnesses' memories may have been tainted by television reports identifying Davis, who turned himself in to authorities the night of the Lake Wales attack. In cross-examining witnesses during pretrial hearings, Norgard has pressed them on that issue.

    Court proceedings will begin at 9 a.m. in Bartow.

    http://www.theledger.com/article/20100710/news/7105053&tc=yahoo?p=3&tc=pg

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    July 24, 2010

    Prosecutors seek trial stay over judge

    “Denied.” An attempt by the state attorney’s office to remove Circuit Court Judge Michael Hunter from the Leon Davis murder trial fell flat as Hunter refused to leave his post Monday afternoon.

    The state, however, having accused Hunter of allowing testimony of defense eyewitness expert Dr. Jack Brigham before verifying that it met “Frye” standards, on late Tuesday afternoon appealed Hunter’s decision to stay on to the 2nd District Court of Appeal, which could order a stay in the trial until they make their decision.

    Leon Davis is accused of murdering Headley Nationwide Insurance clerks Yvonne Bustamante and Juanita Luciano by robbing them at gunpoint, then restraining both women with duct tape and setting them on fire with gasoline.

    Both women and Luciano’s prematurely born son died from their injuries.

    Michael Bustamante Jr., delivered the day of the attack on Dec. 13, 2007, died shortly afterward.

    The state is seeking the death penalty, and eyewitness testimony is a large part of its case against Davis.

    Hunter moved in a pre-trial hearing to allow the defense’s eyewitness expert but had, according to court transcript, allowed the state the option of holding a “Frye” hearing after the jury is picked, but before trial begins.

    A Frye hearing is a proceeding in which the defense must substantiate that their expert’s testimony is “scientifically acceptable” by others in Brigham’s field, and therefore admissible in court.

    During such a hearing, the state could introduce expert witnesses of their own to counter the defense expert. In a motion signed by Assistant State Attorney Robert J. Antonello, the state said Judge Hunter “abused his discretion and has departed from the essential requirements of the law by admitting the testimony” of the defense expert on eyewitness identification, despite the state’s objections.

    Antonello notes the state believes Hunter “prejudged” by “commenting that he believes the Frye standard has been met in this case.”

    Hunter took issue with the state’s allegations, calling them “a gross misstatement of the court’s previous ruling.”

    “To make such allegations without reviewing the available record is inappropriate conduct,” he noted.

    The judge said he quoted a federal judge in Alabama as to his ruling in United States vs. Smith, where the “judge talked about his belief that this type of testimony in essence meets the Frye standard,” noting “Nowhere in said transcript will you find where this court expressed an opinion as to whether or not Dr. Brigham’s testimony meets the Frye standard.”

    Hunter went on to say that neither did the court “refuse to hear evidence” as to whether the defense expert would meet the Frye standard.

    Ordering a rush copy of the July 13 hearing transcript, the judge reviewed the document line by line with an ink pen.

    “In fact, the transcript shows quite the contrary,” he said.

    According to the transcript, when Assistant State Attorney Paul Wallace requested the Frye hearing, the judge suggested giving the jury “a day off” before the defense presents their case, and holding a Frye hearing either then or else sandwiched between jury selection and the beginning of the trial.

    After much discussion, the judge and the state agreed to picking a jury, but not swearing them in before the hearing.

    Hunter notes he believes it is “clear from a review of the transcript that the court had anticipated the state might object on Frye grounds and was fully prepared and had contemplated a hearing on this issue.”

    “Thus, this is again a gross misstatement or characterization of the court’s ruling and is inappropriate,” Hunter’s order said, adding “One could suggest that this is harsh language and that counsel may have misinterpreted what the judge said; however, that is no excuse when there is a record that could be obtained to quote the judge accurately.”

    Defense attorney Robert Norgard noted in the Monday afternoon hearing that the defense was ready to go to trial, and ready for the Frye hearing.

    Hunter ruled state expert witnesses must be in place by today. The Frye hearing is scheduled for Friday.

    The state will also have the opportunity to question Brigham today, either in Tallahassee or Bartow, with the state paying for transportation if needed.

    Jurors summoned to appear Monday morning were admonished not to expose themselves to news accounts of the trial and instructed to call back Friday after 5 p.m. for further instructions.

    State Attorney Jerry Hill said Monday afternoon that since “the judge has refused to disqualify himself from the case,” the state may request to stop the trial, “until we resolve these issues,” adding “The judge has shown little inclination to do that.”

    On Tuesday, the state also motioned for a stay in the trial, requesting an “immediate” response by the judge, who according to state attorney’s officials, said he would rule after hearing from the defense. As of News deadlines Tuesday afternoon, no ruling had been handed down on that request.

    Hill notes the trial could be delayed if the state decides to ask the appeals court for its ruling, but added he thought DCA would “act promptly” so as to not delay the trial but for a “very short period of time.”

    Antonello’s motion to block admission of the defense eyewitness expert notes the state’s feelings in the matter.

    “The defendant has had two and a half years to present such evidence and three days into jury selection still has not met his obligation.”

    In the July 13 hearing transcript, Hunter said he would allow Brigham to speak of things which could affect eyewitness accounts, such as stressors, the presence of a weapon, and cross racial identification, but would not be permitted to pose hypothetical instances using the eyewitness’ names.

    According to SAO spokesman, Chip Thullbery, the state filed the stay request due to “matters going on in the case which are related to the Frye hearing, which the state believes that if the DCA grants our petition should be heard by the new judge and not by Judge Hunter.”

    Tuesday afternoon Judge Hunter ruled to allow the state to reschedule Dr. Brigham’s deposition, and a hearing is scheduled for 9:30 a.m. today.

    http://lakewalesnews.com/articles/2010/07/24/news/local//doc4c46fe43d3809261184440.txt

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    Trial begins in Polk triple-murder case

    In December 2007, Evelyn Anderson says she was going to drop off a payment when she saw smoke coming out of the Headley Insurance office in Lake Wales.

    Then she says she saw a man hurrying out of the building and asked him what was going on. "He said a fire was in there," said Anderson.

    Prosecutors say that man was Leon Davis.

    He is on trial for the first-degree murder of Yvonne Bustamante, her sister in law, Juanita Luciano and Luciano's unborn child. The two women worked in the office.

    During opening statements, Assistant State Attorney Bob Antonello said Davis bound the women with duct tape during a robbery, doused them with gasoline, and set them on fire.

    Anderson says she was horrified when she saw the woman she normally gave her payments running out of the office, severely injured and crying for help.

    "When she first came out of the door, all her clothes had burned off of her, except the strings that were hanging down," said Anderson. "I was trying to knock them off of her. I got my hand burned some."

    Davis was a former client of the insurance agency and Anderson says she heard Bustamante identify Davis as the attacker.

    "The paramedics, there were two of them. One of them asked her, 'who did this?' She told him that Leon Davis did it. That's how I knew the name," said Anderson.

    Davis' defense attorney says this is a case of mistaken identity. He told the jury they will hear from an expert that will testify witnesses are not always accurate.

    "There will be an expert called by the defense, in the area of psychology, but more specifically, the area of human memory and recall," said defense attorney Bob Norgard.

    The trial could take six weeks. It resumes Monday.

    http://www.abcactionnews.com/dpp/new...le-murder-case

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    Witness's Remark Nearly Spurs Mistrial in Leon Davis Murder Trial

    A comment by a state witness during his testimony Wednesday almost sent the first-degree murder trial of Leon Davis Jr. into a mistrial.

    Instead of stopping the trial, Circuit Judge J. Michael Hunter told jurors not to consider Brandon Greisman's comment as evidence.

    Greisman, 37, had testified that he saw Davis take a handgun from a soft-sided lunch bag on the day two clerks were attacked at a Lake Wales insurance office in December 2007.

    Bartow defense lawyer Bob Norgard, representing Davis, asked Greisman whether the gunman hesitated when taking the gun from the lunch bag.

    "No," Greisman said, "he had probably done that before."

    In seeking a mistrial, Norgard argued that Greisman's comment could reference the unrelated shooting deaths of two convenience store clerks near Lake Alfred who were gunned down while changing a store sign a week before the Lake Wales attack.

    Authorities have charged Davis, 32, in those slayings as well, but jurors in the Lake Wales case are prohibited from knowing about those allegations. That case will be tried separately in February. Prosecutors are seeking the death penalty if Davis is convicted in either case.

    The two attacks represent the worst killing rampage in Polk County history.

    In his testimony Tuesday, Greisman said he saw smoke from his house and walked to the insurance office to check it out. He found Yvonne Bustamante, 26, who worked at the agency, running from the building with her clothes on fire.

    Authorities say Davis, a former client of the agency, attempted to rob Bustamante and her pregnant sister-in-law, Juanita Luciano, 23, that Thursday afternoon. The women said they had no money, but he rifled through the drawers and found $148. He then forced them into a bathroom, bound them with duct tape, doused them in gasoline and set them on fire.

    Davis faces three counts of first-degree murder for the deaths of the women and for Luciano's newborn son, who died three days after he was delivered prematurely the night of the attack. He's also charged with attempted first-degree murder, armed robbery and first-degree arson.

    Greisman said he was helping Bustamante in the street when a black man walked over, pointed a gun at him and fired. He said he turned his head, and the bullet shot through his nose.

    The day after the attack, after Greisman was released from the hospital, he identified Davis as the assailant in a photo lineup. He testified Tuesday that he's 100 percent certain Davis is the man who shot him that December day.

    In cross-examination Wednesday, Norgard picked at details in Greisman's testimony, questioning whether he talked about the case with others and whether he knew of Davis' arrest before giving his statement to police.

    Norgard listed half a dozen people who said they talked to Greisman soon after the attack.

    He asked Greisman what details he recalled about the gunman, including the length of his hair, color of his pants and whether he had tattoos on his forearms. Greisman said he didn't remember tattoos, which Davis has on both arms. The defense lawyer brought out prior statements by Greisman that differed from his testimony Tuesday.

    Greisman is one of several eyewitnesses who identified Davis as the assailant and will testify during the trial. Defense lawyers are alleging mistaken identity, and said they'll have experts testify about the problems with eyewitness identification.

    It took the lawyers and Hunter nearly two weeks to pick a 12-member jury and four alternates, and testimony in the case is expected to take up to six weeks.

    http://www.theledger.com/article/201...s-Murder-Trial

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    Mistrial Declared in Leon Davis Murder Case

    (UPDATE: A circuit judge today declared a mistrial in the triple-murder case against Leon Davis Jr. after comments from an emergency medical worker. A new trial date was set for Jan. 3. The mistrial was just declared, check back soon for more information.)

    http://www.theledger.com/article/201...is-Murder-Case

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    Polk County Sheriff Bailiffs Beverly McCall, left, and Tony Goss, center left, restrain Richard Bustamante as Ebelia Rodriguez, right, yells at the defendant after Circuit Judge J. Michael Hunter declared a mistrial in the first-degree murder trial of Leon Davis at the Polk County Courthouse Thursday. Bustamante, father of murder victim Yvonne Bustamante, jumped over benches in the back of the courtroom and rushed the defense table after the jury was cleared. Rodriguez threw her hand bag at the defendant.


    Mistrial Sends Family Into Rage

    Victim's Father Lunges at Accused After Judge Orders Trial Reset to Jan.

    Circuit Judge J. Michael Hunter declared a mistrial in the triple-murder case against Leon Davis Jr. Thursday, prompting one victim's father to leap the courtroom railing and lunge at Davis.

    Court bailiffs restrained Richard Bustamante, but not until he got within a foot of Davis, who was standing at the defense table. Bailiffs then hustled the 6-foot, 4-inch Davis out of the courtroom.

    Bustamante's wife, Ebelia Rodriguez, triggered the affray when she shouted "You know you did this. You are guilty" to Davis moments after the jury filed from the courtroom. She hurled her purse at him, striking defense co-counsel Andrea Norgard, before climbing over a bench in the audience, following her husband.

    Bailiffs ordered the courtroom cleared until order could be restored.

    Rodriguez's anger spilled into the foyer outside the courtroom door, even as her sister attempted to calm her.

    "He killed my daughter," she cried. "We all know he's guilty."

    The couple, who are the parents of Yvonne Bustamante, reacted to Hunter's decision declaring a mistrial after an emergency medical technician expressed his opinion about a statement Bustamante made before she died.

    Ernest Froehlich, a 20-year veteran of Polk County's Emergency Medical Services, testified that he heard an officer ask Bustamante at the scene who had done this to her.

    "She raised up on the stretcher and emphatically stated, 'Leon Davis,' without any doubt in her mind," Froehlich testified Thursday.

    Bartow defense lawyer Bob Norgard objected, saying the comment was legally improper and mandated a mistrial.

    He said he's not able to gather information and cross-examine Bustamante like he can other state witnesses. Instead, the jury hears comments from an emergency medical technician about her.

    "I can't do that here, and all that's sitting out there is an EMT who comes in here in his uniform, with all the professionalism and the jargon, and he comments like that," Norgard said. "That's about as bad as it gets."

    Hunter agreed, saying Froehlich's comment on Bustamante's state of mind goes directly to her credibility.

    "It's almost as if he put his stamp of approval on her identification," he said. "It's improper for one witness to bolster or touch on the credibility of another witness.

    "That is one bell I can't unring," Hunter said.

    Hunter rescheduled the trial to begin Jan. 3.

    Chief Assistant State Attorney Chip Thullbery said his office is "disappointed with this turn of events," but prosecutors stand ready to take the case to trial again. He said the mistrial doesn't give the state an advantage when the case goes to trial again, nor does it put the state at a disadvantage.

    Norgard couldn't be reached for comment after the trial.

    Davis, 32, is charged with killing Yvonne Bustamante, 26, and her pregnant sister-in-law, Juanita Luciano, 23, at the Lake Wales insurance agency where they worked. Authorities allege that Davis came into the Headley Nationwide Insurance agency and attempted to rob them. He found $148, then forced the women into a bathroom, bound them in duct tape, doused them in gasoline and set them on fire.

    Both women later died, as did Luciano's newborn son, who was delivered prematurely that night and died three days later.

    Davis faces three counts of first-degree murder, along with armed robbery, first-degree arson and attempted first-degree murder charges. If he's convicted, prosecutors are seeking the death penalty.

    Davis also is charged with first-degree murder in the unrelated killings of two convenience store clerks near Lake Alfred on Dec. 6, a week before the Lake Wales attacks. That case is scheduled for trial in February, and if Davis is convicted, prosecutors again are seeking the death penalty.

    The cases represent the worst killing rampage in Polk County history.

    Froehlich's testimony came after a second eyewitness told jurors Thursday that he got a good look at the gunman at the crime scene and had no problem identifying him from a photo lineup.

    "I was looking him dead in the eye," said Carlos Ortiz, 48. "I have no doubts."

    Ortiz picked Davis from a photo lineup four days after the attack, but in earlier statements to authorities, according to testimony Thursday, he said he'd seen newspaper and television reports of Davis' arrest a couple days after the attack. He also was interviewed by reporters with The Ledger before he saw the photo lineup.

    Ortiz testified he was helping neighbor Brandon Greisman, who was shot in the nose during the attack, when he saw a black man walking away from the scene.

    "Greisman was holding his face, yelling that someone had shot him in the face," said Ortiz. "He said that guy shot him in the face."

    Ortiz said he saw a black man walking behind Greisman about 30 feet away.

    "I was looking at his face," he said. "He was putting what appeared to be a gun in the bag.

    "I saw something shiny, but I couldn't be 100 percent positive what color it was."

    The witness said he continued to watch the man as he helped Greisman.

    "We made eye contact," he said. "For a moment, we locked eyes.

    "I continued to watch him as he walked away. I just wanted to make sure he didn't come toward us."

    In cross-examination Thursday, Norgard asked how Ortiz could notice details about the gun, the lunch bag the gunman was carrying and the facial features of the assailant in the brief period of time he had to make those observations.

    At different times since the attack, Ortiz has said the gunman had no facial hair, may have had facial hair and had a goatee, Norgard said. Ortiz said he couldn't offer an explanation for that, and couldn't now say whether the gunman had facial hair or not.

    "I was more concentrating on his eyes and his hand than I was on facial hair," he said.

    Ortiz testified that he recognized Davis because they had worked together at Florida's Natural, where Davis had been employed for 13 years. Ortiz said he didn't know Davis' name or what division he worked in, but recognized him on sight.

    Under cross-examination, Ortiz steadfastly maintained that the man he identified in the photo lineup, which was Davis, was the gunman he saw in the street that day.

    http://www.theledger.com/article/201...-Reset-to-Jan-

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