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Thread: Delmer Smith III - Florida Death Row

  1. #21
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    Defense asks judge to bar death sentence, delay start of Delmer Smith murder trial

    New evidence relating to the phone records of Delmer Smith III, accused of killing Kathleen Briles in 2009, could postpone his murder trial next week.

    Both the defense and state have filed motions to continue the trial, set to begin with jury selection Monday. Judge Peter Dubensky will hear those motions, the defense's motion to bar the death sentence and others at 8:30 a.m. Thursday.

    On Friday, state prosecutors disclosed evidence regarding phone calls allegedly made to and from Smith's cell phone. As a result, the defense filed a motion stating a continuance is needed to allow time to review the records and possibly obtain evidence for response.

    The state filed another motion Monday to delay the trial as a "remedy for the defense's failure to comply" with a Florida Rule of Criminal Procedure requiring notice to present an expert testimony at least 20 days before trial. According to the motion, the State Attorney's Office was not told until July 23 in a phone call that the defense would present neuropsychologist Dr. Hyman Eisenstein of Miami in the case. The defense's request for a neuropsychologist had been granted June 21.

    The state requests the continuance to comply with legal procedure, in addition to needing time to investigate the expert's background.

    Smith, 51, is charged with first-degree murder in the Aug. 3, 2009 death of Kathleen Briles. Dr. James Briles, the victim's husband, found his wife, bound and gagged, about 7:50 p.m. in their Terra Ceia home. Police identified an antique sewing machine, which was found next to the victim, as the weapon allegedly used to beat Kathleen Briles to death.

    Smith was developed as a person of interest after cell phone records showed he was in the area about the time of the incident. The day following the incident, items belonging to the Briles were sold to a local pawn shop by James Cellecz. The two were persons of interest in several ongoing cases in both Sarasota and Manatee counties. Following an investigation, Smith was arrested Feb. 10, 2010 on charges of homicide and burglary while in custody at the Sarasota County jail.

    The State Attorney's Office is not prosecuting the burglary charge, but did file a charge of first-degree murder.

    The state in May 2010 filed to seek the death penalty in Smith's case.

    "The state attorney's office carefully examines each murder case and when appropriate seeks death," said Brian Iten, assistant state attorney on the case.

    The defense's motion to bar the death sentence, on the stance that Florida's death penalty statute and method of administering lethal injection are unconstitutional, is one of several motions to be heard Thursday.

    Other defense motions include:

    Motion to declare Florida Statute 921.141, regarding sentence of death or life imprisonment for capital felonies and further proceedings to determine sentence, unconstitutional on the basis that the burden of proof is shifted to the defendant, "creating presumption of death;

    Motion for jury instruction correctly defining "premeditation";

    Motion to declare Florida Statute 921.141 unconstitutional for inadequate appellate review;

    Motion to compel state to provide pretrial notice of aggravating facts;

    Motion to bar imposition of death sentence according to a decision regarding the Sixth Amendment of trial by jury in Ring v. Arizona;

    Motion for statement of particulars providing notice of aggravating circumstances.

    Smith's defense attorney, Daniel Hernandez, a regional public defender out of Tampa, did not return phone calls Tuesday for comment.

    The state has filed a motion to compel, motion in limine and motion to allow family's presence at all phases of trial.

    Iten called motions filed by both the state and defense "standard."

    The judge will also hear at 1:30 p.m. Thursday the state's notice of intent to use evidence of other crimes, wrongs or acts committed by the defendant.

    Three weeks are currently set aside for the jury trial, starting Monday.

    Iten said he expects jury selection to take one week, followed by one week of evidence presentation. If Smith is convicted, Iten expects the penalty phase to take another few days.

    Smith was sentenced in December to life in prison for a Sarasota home invasion and kidnapping. He is being held at the Sarasota County jail.

    Smith is suspected in as many as 10 home invasion robberies -- five in Manatee County and five in Sarasota County -- between February and August 2009. Smith is accused of sexually assaulting a woman during one of the incidents.

    http://www.bradenton.com/2012/07/25/...#storylink=cpy
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    "Y'all be makin shit up" ~ Markeith Loyd

  2. #22
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    Tangible evidence, experts to play large role in Smith trial

    Three years after Dr. James Briles found his wife, Kathleen Briles, beaten to death in their Terra Ceia home, Delmer Smith III is going to trial on first-degree murder charges.

    Smith, 41, could face the death penalty if found guilty of the Aug. 3, 2009 slaying of Briles. An antique sewing machine found next to her body was later identified by police as the weapon allegedly used to bludgeon her to death.

    With jury selection set to begin Monday, after Judge Peter Dubensky denied motions last week to postpone the trial, the court looks to find 12 jurors who have not already formed a decision of Smith's guilt or innocence about the case through prior knowledge or publicity.

    Brian Iten, assistant state attorney, expects jury selection to take several days.

    After that, the guilt phase of the trial begins where the state and defense present witnesses and other evidence to argue their cases. Iten expects this phase to take about a week.

    Phone records, which show 88 phone calls to and from Smith's cell phone the day Briles was killed, are expected to play a large role in the case. Using cell phone tower information, Smith was placed within a mile of the Briles' home that day. Those records, along with people who allegedly spoke with Smith that day, will be presented by the state.

    Other tangible evidence obtained from the defendant are a Minnie Mouse keychain, medical encyclopedia, necklace and coin set, all of which have been linked to Kathleen Briles.

    The rare keychain was given to the victim by Dr. Briles as a wedding anniversary gift. It held a key for a car previously owned and sold by Smith, police said.

    The book, found in a storage bin belonging to Smith, was identified by Dr. Briles and his son who said the encyclopedia was missing from the family's collection. A girlfriend of Smith's told detectives she saw the book in his car.

    Briles' daughter identified the necklace as one she had borrowed from her mother on four special occasions.

    The coin set, given to Dr. Briles by a patient, was matched with the same collection given to one of his employees.

    Fingerprints from related items will be compared with fresh finger and palm prints taken Thursday from Smith.

    State's other witnesses, evidence

    Employees from law enforcement agencies in Manatee, Sarasota and Pinellas counties and documents of Smith's criminal history -- including arrest warrants, affidavits and probation information -- will also be presented. Expert witnesses from the medical examiner's office, as well as DNA, crime scene and latent prints analysts are listed.

    Iten said he expects to call more than 40 witnesses to the stand.

    That number might include those who lived in the Briles' neighborhood and members of the Briles family. Dr. James Briles is expected to testify early in the trial about finding his wife's body. Two of the victim's children will identify items allegedly stolen from the Briles' home. Dubensky granted the family full access into the courtroom despite their role as witnesses in the case.

    The state has also listed a woman with whom Smith lived in Venice and who turned over Smith's property, which included a laptop stolen from a previous home invasion, as a possible witness.

    James Cellecz, who was convicted in April 2011 for pawning items Smith allegedly stole from the Briles' home, is expected to testify. Pawn shop employee statements, transactions and photos are among the state's discovery.

    Prosecutors intend to call Joshua Hull, an inmate who Smith allegedly asked to give a "threatening" message from him to Cellecz, to the stand.

    Defense uses expert opinions

    Smith, who pleaded not guilty in April 2010 to the murder charge, is represented by Daniel Hernandez, special regional defense attorney.

    Smith could not be represented by the local public defender's office because it was assigned the related case of Cellecz.

    Hernandez is relying on a knot-tying expert to discuss the alleged similarity between the binding of Briles and other victims who were "hog-tied" during home invasions in which Smith is charged.

    Smith is already serving a life sentence after being convicted in a home invasion case in Sarasota County. Smith is also charged in three similar incidents in Sarasota County and another in Manatee County. In these crimes, the suspect targeted older females, wore dark clothing and a mask, demanded money and jewelry for "crack," and tied victims' hands and feet with electrical cords found inside the victims' residences.

    The defense also had Dr. Hyman Eisenstein, a neuropsycologist from Miami, conduct a personal evaluation of Smith.

    Hernandez said Smith originally was not interested in using mental mitigation, but recently agreed to the meeting.

    During last week's hearing, Iten raised concerns that Hernandez did not depose a majority of the state's witnesses, including the medical examiner and crime scene technicians.

    "I have tried cases before without deposing those witnesses," Hernandez told the judge. "Mr. Smith may have input he has not shared before."

    After a recess that allowed Hernandez to speak with his client, the defense said if the trial was delayed, he would depose those witnesses. Dubensky denied that motion.

    No attorney can reference facts not in evidence, personal opinions of the case or immigration status of witnesses.

    The defense cannot elicit hearsay from witnesses regarding Smith's out-of-court statements.

    And Dubensky granted the state's wishes to exclude the victim's previous alcohol or substance abuse and one witness's history of sex crimes from the jury trial.

    Death penalty remains a possibility

    Despite Smith's defense arguing that Florida's death penalty is unconstitutional, Dubensky will allow that as a possible sentence if the jury finds Smith guilty. If convicted, Iten said he expects the penalty phase to last a few days.

    Florida's death row is occupied by more than 400 inmates, two of which were convicted in Manatee County. Melvin Trotter was sentenced to death May 18, 1987, for fatally stabbing Virgie Langford, 70, during a robbery at her Palmetto grocery store in June 1986. Daniel Burns Jr. was sentenced to death June 2, 1988, for fatally shooting Florida Highway Patrol Trooper Jeffrey Young with the trooper's own revolver during an August 1987 traffic stop on Interstate 75.

    The most recent death penalty case tried in Manatee County was that of Blaine Ross who in May pleaded no contest in the 2004 murder of his parents in exchange for life in prison without parole.

    Judge Peter Dubensky will preside over the trial in courtroom 5-A at the Manatee County Judicial Center.

    http://www.bradenton.com/2012/07/29/...#storylink=cpy
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  3. #23
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    Delmer Smith trial starts with 911 call from Dr. James Briles after discovering wife's body

    Jury selection may have taken three days, but day one at the Delmer Smith trial started fast.

    Smith is on trial for the August 3, 2009 murder of Kathleen Briles.

    Briles' body was found by her husband, in their Terra Ceia home, bound and gagged, with her head smashed in, investigators believe, with a typewriter.

    On day one in court, jurors would hear Dr James Briles' 911 call after finding the body of his wife. "There's blood all over. She's tied up. It looks like someone hit her in the head with something. I don't know." Briles is head telling the operator, in between exclamations of remorse, and pleas to God.

    He would go on, "She's not breathing, she's not breath." And the 991 operator would ask, "Do you think she's beyond help?". Dr. Briles' response, with a heavy heart wrenching breath, "Yes."

    The state would mention in their opening to the jury that there is just far too much evidence that connects Smith to the death of Kathleen Briles to be ignored.

    The defense would counter though that all the state has is circumstantial evidence pointing out that there is no DNA evidence to connect Delmer Smith to Kathleen's murder or even the Briles' home.

    Both sides expect this trial to run the balance of the week.

    Smith is looking at the death penalty if convicted.

    http://www.abcactionnews.com/dpp/new...#ixzz22nr27eYF
    An uninformed opponent is a dangerous opponent.

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  4. #24
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    Delmer Smith victim testifies as jury weighs death sentence

    BRADENTON — Another victim of Delmer Smith took the stand Tuesday during the penalty phase of Smith’s murder trial. Smith was convicted last week of first-degree murder in the Aug. 3, 2009 slaying of Kathleen Briles.

    The state and defense are presenting evidence this week to support the death penalty or life in prison, respectively, as the jury will later deliberate on a sentencing recommendation.

    Nicole Mitchell was watching CSI and making jewelry in her living room on March 14, 2009 in a Sarasota rental home, when she felt a presence.“When I turned around, I thought my eyes were playing tricks on me,” Mitchell testified. “It was extremely quick. The lights went off right away. I was grabbed and I was pushed onto the couch face down. Of course I started screaming. The person grabbed my mouth and asked me to stop screaming and said if I didn’t cooperate, he said, ‘I have a gun. I will kill you.’”

    Mitchell remembered feeling something hard against her temple. She was able to take off her jewelry and hide it under the couch. Smith then led her through the home, threatening her with the gun and looking for valuables.“I was shaking. I was crying. My heart was beating very fast,” Mitchell said, recalling thanking Smith for his kindness. “You don’t want to die and you don’t want to get hurt, so I was really cooperating.”

    Mitchell said she was forced back into the living room and told to lie on her stomach. Smith took a television set from the wall and bound her using electrical cords. Mitchell said her wrists were tied behind her back. Smith tied her ankles and connected them to a cord around her neck so “if I moved my legs, I would strangle myself.”

    Mitchell said Smith ransacked the house, taking her wallet and watch before leaving.Mitchell was able to free her right arm from the cords and untie the rest of the bonds.Smith was convicted of armed home invasion and kidnapping in the case earlier this year and sentenced to life in prison.Mitchell’s testimony is one of many ways the state is arguing aggravated circumstances.

    During testimony last week, the state said it was shown that Briles’ murder was committed during a burglary, for financial gain and was especially heinous or cruel.The state also called Robert Feverston, Manatee County Sheriff latent print examiner, and Gerri Cotter, U.S. probation officer to show Smith was already convicted.Smith was under Cotter’s supervision from September 2008 to October 2009 after being convicted of federal bank robbery and aiding and abetting.

    Also called to the stand were Diane Brinker, Briles’ sister, and Dr. James Briles, her husband, to read prepared victim impact statements.The state rested after those witnesses.The defense plans to call Smith’s two nieces and a neuropsychologist to show a different side of Smith and possible mental mitigating factors.

    http://www.bradenton.com/2012/08/14/...#storylink=cpy

  5. #25
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    Jury recommends death penalty for Delmer Smith

    MANATEE COUNTY -- The jury has recommended the death penalty for 41-year-old Delmer Smith.

    Last week, Smith was found guilty of first-degree murder in the death of 48-year-old Kathleen Briles.

    A judge will make the final decision in two months.

    According to investigators, in August of 2009, Smith used an antique sewing machine to beat and kill Briles in her Terra Ceia home.

  6. #26
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    Delmer Smith's fate -- life in prison or death -- left undecided in hearing

    The fate of convicted killer Delmer Smith III remains in the hands of Judge Peter Dubensky after a motions hearing Thursday was postponed until Oct. 11.

    Court convened for Dubensky to hear motions filed last week by the defense asking for MRI and PET scans, appointment of a medical expert and continuance of Smith's pre-sentencing hearing, but no decisions were made.

    If Dubensky grants the requested continuance to April 2013, there would be an eight-month delay between the jury's guilty verdict and death penalty recommendation and the so-called "Spencer hearing." As a result, the sentencing hearing would also be delayed.

    "I'm not familiar in any case where a delay that long has been countenanced by the courts," Dubensky said.

    But Dr. Ruben Gur, of Pennsylvania, will not be ready to testify until then, argued Smith's attorney Bjorn Brunvand. Dubensky was skeptical when Brunvand said Gur is one of only two experts in the U.S. who perform quantitative analysis on those medical tests for capital cases.

    Dubensky said Gur may have more experience than other doctors, but "it's hard for me to believe there are two people in the U.S." who can give opinions on these tests.

    The state did not oppose any of the defense's motions, but also expressed concerns about the suggested time line.

    "I would certainly hope the defense could possibly make efforts to see if there are other experts who could review these scans," said Assistant State Attorney Brian Iten. "April is a long way off."

    Smith sat emotionless in his inmate garb at the hearing. The Briles family filled the court room, many wearing T-shirts printed with a photo of the late Kathleen Briles.

    Brunvand said he will check with the only other known expert in California and reach out to other capital case attorneys to find an alternative. The defense is also waiting for a decision from the Judicial Administrative Commission regarding funds for the scans and expert.

    Last month, Smith, 41, was found guilty for the Aug. 3, 2009 bludgeoning murder of Kathleen Briles. The 12-person jury unanimously recommended the death penalty. Before Dubensky sentences Smith, the state and defense can present additional evidence at a Spencer hearing.

    Brunvand indicated the defense's only evidence will be medical.

    Dubensky questioned the timing of the requests for the brain tests to be completed, stating that in Smith's case the motion came between the conviction and sentencing, unlike the supporting case cited by the defense.

    "Obviously the state of Florida is trying to kill my client," Brunvand said. "I would propose if I made a mistake by not seeking it earlier, my client should not be penalized for my delinquency."

    Before and throughout Smith's trial, the defendant expressed discontent with his representation. After his conviction, Smith refused the medical tests advised by the neuropsychologist who testified on his behalf.

    "We recognize that was a very emotional time," Brunvand said, indicating that Smith later agreed to the exam in a meeting with co-counsel Daniel Hernandez. "We have a doctor that says it's necessary and important."

    Again, Dubensky appeared skeptical.

    "I'm a little concerned about Mr. Smith's vacillation," Dubensky said. "This is probably the third time that he comes up to the edge and all of a sudden he decides, 'OK, I'll do something' he's been resisting for months."

    Dubensky asked the State Attorney's Office to come prepared to the 2 p.m. Oct. 11 hearing to discuss plans to prosecute Smith in a pending Manatee County home invasion.

    If the murder hearings are continued until next spring, Dubensky said he does not intend to delay the beginning of the additional trial.

    In the pending case, Smith is charged with home invasion with a deadly weapon when he allegedly entered a couple's home on April 4, 2009, inflicted severe trauma to their faces and stole several personal items, according to the sheriff's office. The first-degree felony charge is punishable by life.

    Smith is already serving a life sentence after being convicted in another home invasion in Sarasota County.

    http://www.bradenton.com/2012/09/27/...#storylink=cpy
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  7. #27
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    Judge ponders defense's expert requests; Smith's fate still unknown

    Judge Peter Dubensky again questioned the lack of medical experts qualified to perform behavioral analysis and evaluations of MRI and PET scans for the Delmer Smith murder case during a hearing Thursday at the Manatee County Judicial Center.

    Smith, 41, was found guilty in August for the Aug. 3, 2009 slaying of Kathleen Briles at her Terra Ceia home. The jury unanimously recommended the death penalty.

    Smith's fate is in limbo as the court decides if the defense's request for Dr. Ruben Gur, a neuropsychologist who performs quantitative analyses of brain scans, will be granted. The defense intends to present medical findings at Smith's "Spencer" hearing, in which the defendant, his representation and the state are given a final opportunity to present evidence before the judge renders a sentence.

    The judge is expected to file a written order by the end of the week.

    Gur will not be available to begin work on the case until January and predicts he will complete his evaluation and be ready for taking the stand in April.

    Dubensky and Assistant State Attorney Suzanne O'Donnell voiced concerns regarding that time frame.

    "The delay that we're experiencing is due to the defendant who did not want this done a year ago," O'Donnell said. "This is not that the defense has been trying to do this all along. ... It's six months away and this particular doctor can't get his done in six months is unheard of."

    The state did not oppose funding for the tests and experts. However, Christian Lake, assistant general counsel for the Judicial Administrative Commission, voiced objections over the phone.

    Lake said the JAC is most concerned that Gur is not from Florida and is asking for compensation "exponentially higher" than the established rate of $150 per hour. Gur's service fees are $450 per hour, according to a motion filed by the defense.

    Out-of-court services for Gur and his two associates is estimated at almost $14,000. The tests, which can be performed at a Pinellas County facility, will cost a combined total of $6,500.

    The defense must prove there are no competent experts in Florida before an out-of-state witness will be funded, Lake said.

    Bjorn Brunvand, Smith's attorney, said he searched for other alternatives, but could not identify experts providing the same service as Gur.

    "He is someone who has been recognized as an expert throughout the country," Brunvand said, explaining Gur's three-part analysis. "I don't know anyone else who does it, Judge. Just because you're a neuropsychologist does not mean you're qualified for this."

    Brunvand cited several Florida cases in which Gur was appointed an expert.

    Without making a decision, Dubensky concluded the topic, gesturing his discontent with the situation.

    "We'll all be at his mercy as to when he can make himself available to testify," Dubensky said.

    While seeking alternatives for Gur, Brunvand told the court he was informed about QEEG testing. As a result, Brunvand has also filed a motion to appoint Dr. William Lambos, an expert in the electrode test from Tampa, to perform a QEEG test on Smith. The test, which measures subtle patterns among brain waves, is estimated to cost $3,000.

    "Initially my thought was maybe we could ask for the QEEG (because) it's cheaper and could be done quicker," Brunvand said before voicing a "two-fold" concern. "I don't know that we're going to be able to say this can replace what Dr. Gur does. I don't know that I can say what Dr. Gur does replaces this QEEG test."

    Because they are different, Brunvand is requesting a behavioral analysis, MRI, PET scan and QEEG test.

    "If I don't request it and if at some point the court appoints the death sentence, someone is going to say 'Why didn't you guys do the QEEG?'" Brunvand said.

    Brunvand said the QEEG is a controversial test that is not always allowed in court.

    "Without further knowledge of what exactly this expert would be doing, I don't know that we could challenge it at this point," O'Donnell said, adding that she would anticipate an additional hearing as to the test's credibility.

    The JAC had no objections to funding up to $14,000 for services rendered by Dr. Hyman Eisenstein's prior to and during the trial. Eisenstein submitted an invoice of $12,600. Eisenstein recommended Smith receive further medical examination to support his findings that the defendant suffers from brain damage affecting his judgment.

    http://www.bradenton.com/2012/10/12/...#storylink=cpy
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  8. #28
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    State will not prosecute additional home invasion charge

    Delmer Smith will receive brain scans analyzed by a specialized expert before he is sentenced for the Aug. 3, 2009, murder of Kathleen Briles, according to orders filed by Judge Peter Dubensky.

    The orders granting defense's request for MRI and PET scans, as well as a motion appointing mental health expert Dr. Ruben Gur were filed Friday and sent to the state, Smith's attorneys and the Judicial Administrative Commission, which will fund related expenses.

    Gur will be paid $8,740 to perform unique quantitative analyses of the brain tests and will also be compensated $450 per hour for additional evaluation or court-related duties. He will receive $175 per hour of travel, as well as reimbursement for any transportation, lodging or meal expenses.

    His associates, Dr. Christos Davtzikos and Dr. Andrew Newberg, will be paid $4,000 and $1,200, respectively, to conduct the tests.

    Funds totaling $6,500 were also granted by Dubensky for costs of the two scans.

    Dubensky has not ruled on the defense's motion to seek a QEEG test, which measures subtle patterns among brain waves. Bjorn Brunvand, Smith's attorney, said at a hearing last week that the test is fairly new, controversial and not always allowed in court.

    "If I don't request it and if at some point the court appoints the death sentence, someone is going to say, "Why didn't you guys do the QEEG?'" Brunvand said, explaining he learned of the test while seeking a more timely alternative at Dubensky's request.

    Brunvand said the evidence from the scans will be used during a pre-sentencing hearing to argue for life in prison without parole instead of the jury-recommended death penalty, "assuming there is, in fact, brain damage as Dr. (Hyman) Eisenstein suggested."

    Eisenstein, a neuropsychologist who evaluated Smith, said at trial there were signs of potential brain damage affecting Smith's cognitive abilities, and tests should be completed to determine if his findings were correct.

    The state "will consult with other experts in the field" to rebut the evidence once the defense's findings are complete, said Assistant State Attorney Brian Iten.

    In the two hearings regarding these motions, Dubensky and the prosecutors voiced concerns about the delay in sentencing.

    "If the court did not allow it to take place, I think it would be an appellate issue," Brunvand said. "But because the court is allowing it, it won't have any impact whatsoever. If it's not done right, ultimately we'll be back doing it over again."

    Smith was convicted in August. Gur will not be able to begin the analyses for several months, and will not be ready to testify until 2013.

    "We want to make sure the defendant is able to present all evidence the law allows him to present," Iten said. "We'll work within the time line."

    Dubensky has not set a new court date in the case.

    Smith is already serving a life sentence for a home invasion robbery in Sarasota County. The state has decided, with input from the victims, to not prosecute a similar additional charge in Manatee County, in which Smith was accused of brutally beating a couple inside their home on April 20, 2009, and stealing valuable personal items.

    Several factors contributed to closing the case without going to trial, according to a memorandum filed by the state.

    The document notes that the Sarasota victim and a crime laboratory analyst, who do not currently reside in the U.S., would have to be brought to Manatee County for trial. In addition, there are security concerns of bringing a convicted murderer to court. Also, a conviction in the case would not increase Smith's imposed sentence.

    It was decided a "burden" would be placed on the victims in the Sarasota and Manatee cases "that neither believe to be warranted," the memorandum states.

    Brunvand said he has been preparing for the case, initially scheduled before the murder trial, but was not surprised by the state's decision.

    "It certainly makes sense not to pursue that considering the conviction in Sarasota and the conviction in Manatee," Brunvand said.

    http://www.bradenton.com/2012/10/16/...#storylink=cpy
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  9. #29
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    Defense witness says Delmer Smith's brain shows signs of injury

    Scans of convicted murderer Delmer Smith's brain show abnormalities that his attorneys hope will convince a judge to spare Smith's life.

    Psychologist Ruben Gur testified Friday morning that the abnormalities in Smith's brain affect his thinking processes. Possible causes include traumatic brain injury, Gur said during a hearing at the Manatee County courthouse on Friday.

    “The thinking is hype active at the resting stage and shuts down when you need to perform a task,” Gur said.

    Smith, 41, was convicted last August in the slaying of Kathleen Briles in her Terra Ceia home on Aug. 3, 2009.

    After a jury convicted Smith of first-degree murder and unanimously recommended he be sentenced to die, Smith’s defense convinced Judge Peter Dubensky to delay sentencing so that they could prove that there was something physically wrong with Smith’s brain.

    During a "Spencer hearing" Friday, Gur, of the University of Pennsylvania, testified about what he found in MRI and PET scans performed on Smith.

    After extensive explanation of the methods used to analyze the scan images taken of Smith’s brain, Gur concluded that the abnormalities shown are consistent with brain injury.

    After Gur presented his conclusions, Assistant State Attorney Brian Iten began his cross-examination.

    Gur admitted he did not know that Smith complained of headaches and struggled with anxiety while in Manatee jail, both conditions that can be reflected on PET scans.

    “It’s not like I can look at a PET scan and say, 'Wow. look out for that person',” Gur said. “In this case I can say the person is vulnerable to risk, but it doesn’t mean it will happen.”

    Gur was also questioned on which side of Smith's brain has been affected most by the damage.

    “I think it is generally worse on the right side but it is bilateral in many areas,” Gur said.

    Dubensky had his questions for the defense’s witness.

    “Is there any way to predict with the amount of frontal lobe damage responsible for the degree of abnormal behavior?” Dubensky said.

    “I don’t think the field is there yet,” Gur said.

    Gur, however, did affirm that correlation or causation has been identified between frontal lobe damage and psychopathic behavior through his own studies.

    Court is scheduled to reconvene at 12:45 p.m. for the conclusion of the Spencer hearing.

    http://www.bradenton.com/2013/04/19/...#storylink=cpy
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    "Y'all be makin shit up" ~ Markeith Loyd

  10. #30
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    Briles' murderer faces death sentence Tuesday in Manatee County

    Convicted killer Delmer Smith will be back in a Manatee County courtroom where he will be sentenced Tuesday in the death of Kathleen Briles.

    A jury unanimously recommended the death penalty when Smith, 41, was convicted of first-degree murder for Briles' death Aug. 2, 2012.

    Briles was beaten to death in her Terra Ceia home Aug. 3, 2009.

    Judge Peter Dubensky will rule on Smith's fate at 1:30 p.m. Tuesday.

    Smith appeared before Dubensky at a "Spencer hearing" in April where the defense tried to persuade him to grant Smith life in prison without parole rather than the death penalty. The defense claimed abnormalities in Smith's brain affected his decision-making and made him less responsible for his crimes.

    Defense witness Ruben Gur, a clinical psychologist and professor at the University of Pennsylvania, presented Smith's test results from magnetic resonance imaging and positron emission tomography, a nuclear medical imaging technique that produces a three-dimensional image of functional processes in body scans.

    Gur said the abnormalities in Smith's scans were consistent with a brain injury. He said the abnormalities could cause him to overreact in stressful situations.

    Smith did fall off a motorcycle July 10, 2009 -- a month before murdering Briles -- but was wearing a helmet at the time.

    The prosecution insisted Smith was competent and urged Dubensky to go with the jury recommendation.

    Dr. Helen Mayberg, aprofessor of psychiatryand neurology at EmoryUniversity, testified shefound nothing abnormalwith Smith's scans. She said she found a small lesion that could have been caused by Smith's high blood pressure.

    A third-party radiologist who viewed the scans agreed the tests were normal. Mayberg said brains vary and only 5 percent show distinct similarities if a group of people is studied.

    Smith is already serving a life sentence for a home invasion robbery in Sarasota County.

    http://www.bradenton.com/2013/05/27/...#storylink=cpy
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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