Cpl. Mike Roberts
Judge refuses to drop death penalty for accused cop killer
Tampa, Florida - A Hillsborough judge says an accused cop killer will continue to face the death penalty and the public will have to wait to hear about the details.
At 8:38 a.m., Circuit Judge Denise Pomponio takes the bench. Defendant Humberto Delgado arrived in her courtroom 10 minutes prior, shackled and surrounded by bailiffs.
Delgado is charged with first degree murder in the death of Tampa police Corporal Mike Roberts. Police say Cpl. Roberts was shot to death on August 20, 2009, as he was investigating a report of a suspicious person on Nebraska Avenue in Tampa.
A morning of motions and emotions lie ahead.
Cindy Roberts, wife of Cpl. Mike Roberts, sits in the front row of the gallery. She too is surrounded by officers, in support of her.
Delgado's attorney, Christopher Watson, argues that the 34-year-old should not face the death penalty; at most he should face life in prison, saying the aggravating circumstances do not outweigh the mitigating circumstances. Jay Pruner, Assistant State's Attorney disagreed, referring to past cases that were similar in nature to this one. The judge agreed, and kept the death penalty specification in place.
Judge Pomponio then heard motions from public defender Watson, that the public's right to know does not outweigh Humberto Delgado's right to a fair trial.
Watson argued for the release of evidence in this case to be similar to that of the David Lee Onstott case, allowing the judge and attorneys from both sides a 30 day review period, citing that "some things that are placed into discovery never make it to trial." Watson went on to say that doing so would ensure a fair trial for Delgado.
Prosecutor Jay Pruner sided with the defense in the motion offering no argument as to the contrary.
Media attorney Greg Thomas told the judge that newspapers and electronic media oppose any attempts to delay release of discovery. Thomas then referred to this case as only a single murder case, inferring that it wasn't as high profile as others, causing Cindy Roberts to bury her face in her hands and cry.
Thomas argued that past court rulings have sided with the public and that none of these have resulted in a defendant not receiving a fair trial.
The judge, siding with the defense, offered that, "Thirty days is not a lot of time, and is a reasonable compromise." She told the court that with the caseload of these attorneys (Pruner and Watson) 30 days is not a lot of time and does not affect the public's right to know.
The next scheduled hearing for Delgado is set for November 18
http://www.wtsp.com/news/local/story.aspx?storyid=115592&provider=rss
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