Post by CCADP on Apr 16, 2006 14:57:30 GMT -5
estimony emotional: Final decision on death penalty lies with the judge.
Full Text: COPYRIGHT 2006 Florida Keys Keynoter
Byline: Christine Braden
Apr. 8--Christopher Bennett's life is now literally in the hands of a judge.
The same jury that took just two hours to convict Bennett of first-degree murder in the 2003 death of his 5-year-old son Zachary on Wednesday recommended he get thedeath penalty as punishment.
Now it's up to visiting Miami-Dade Circuit Court Judge Leonard Glick to either follow the recommendation or instead hand down a sentence of life.
Bennett, who turned down three plea offers that would have reduced his charges and spared him the possibility of the death penalty, and his family were overwhelmed by the jury's recommendation, which came on the second day of the sentencing phase of his trial. His conviction came Feb. 13.
According to State Attorney's Office spokesman Matthew Helmerich, the 12-member jury voted 10-2 to recommend death.
Following the recommendation, Glick held a hearing to afford Bennett's defense a final opportunity to present live testimony.
While eight people spoke on his behalf, including his father, Robert Bennett Sr., and City Commissioner Clayton Lopez, Glick postponed the proceedings until May 1 because Bennett's defense team wants to present additional testimony and because Bennett himself was too upset to address the court.
At the May 1 hearing, the prosecution and
defense will submit written sentencing memoranda to the court and Glick will schedule a formal sentencing.
Under Florida law, cases in which the death penalty is imposed are automatically appealed.
The sentencing recommendation by the jury came after several emotional and gruesome testimonies.
Medical Examiner Michael D. Hunter testified for the state that Zachary sustained "about 37 areas of injury" to his 40-pound body.
Bennett's defense called some dozen members of his family, friends and acquaintances to the stand as character witnesses. Many conceded they had not seen Bennett in years, though some did speak with affection of the slain 5-year-old.
Zachary's prekindergarten, teacher Theresa Sims testified on behalf of the defense. She characterized Zachary as "always smiling."
Sims recalled the final day of
Zachary's life. She testified she had designated Zachary "class leader" for the day - an honor for the students. Among the responsibilities of the class leader, she said, was helping feed the aquarium fish at the end of the school day.
Eager to give the fish their afternoon meal, Sims testified that Zachary stood waiting by the aquarium. He noticed that one fish was missing. In fact, Sims said the fish had died days before and had been removed from the tank.
Sims testified that her assistant told Zachary the fish was gone because it had "graduated to kindergarten." With some jury members and observers in court openly weeping, Sims testified that Zachary replied, "Next year, I'm graduating to kindergarten."
Copyright (c) 2006, Florida Keys Keynoter, Marathon
Distributed by Knight Ridder/Tribune Business News.
Full Text: COPYRIGHT 2006 Florida Keys Keynoter
Byline: Christine Braden
Apr. 8--Christopher Bennett's life is now literally in the hands of a judge.
The same jury that took just two hours to convict Bennett of first-degree murder in the 2003 death of his 5-year-old son Zachary on Wednesday recommended he get thedeath penalty as punishment.
Now it's up to visiting Miami-Dade Circuit Court Judge Leonard Glick to either follow the recommendation or instead hand down a sentence of life.
Bennett, who turned down three plea offers that would have reduced his charges and spared him the possibility of the death penalty, and his family were overwhelmed by the jury's recommendation, which came on the second day of the sentencing phase of his trial. His conviction came Feb. 13.
According to State Attorney's Office spokesman Matthew Helmerich, the 12-member jury voted 10-2 to recommend death.
Following the recommendation, Glick held a hearing to afford Bennett's defense a final opportunity to present live testimony.
While eight people spoke on his behalf, including his father, Robert Bennett Sr., and City Commissioner Clayton Lopez, Glick postponed the proceedings until May 1 because Bennett's defense team wants to present additional testimony and because Bennett himself was too upset to address the court.
At the May 1 hearing, the prosecution and
defense will submit written sentencing memoranda to the court and Glick will schedule a formal sentencing.
Under Florida law, cases in which the death penalty is imposed are automatically appealed.
The sentencing recommendation by the jury came after several emotional and gruesome testimonies.
Medical Examiner Michael D. Hunter testified for the state that Zachary sustained "about 37 areas of injury" to his 40-pound body.
Bennett's defense called some dozen members of his family, friends and acquaintances to the stand as character witnesses. Many conceded they had not seen Bennett in years, though some did speak with affection of the slain 5-year-old.
Zachary's prekindergarten, teacher Theresa Sims testified on behalf of the defense. She characterized Zachary as "always smiling."
Sims recalled the final day of
Zachary's life. She testified she had designated Zachary "class leader" for the day - an honor for the students. Among the responsibilities of the class leader, she said, was helping feed the aquarium fish at the end of the school day.
Eager to give the fish their afternoon meal, Sims testified that Zachary stood waiting by the aquarium. He noticed that one fish was missing. In fact, Sims said the fish had died days before and had been removed from the tank.
Sims testified that her assistant told Zachary the fish was gone because it had "graduated to kindergarten." With some jury members and observers in court openly weeping, Sims testified that Zachary replied, "Next year, I'm graduating to kindergarten."
Copyright (c) 2006, Florida Keys Keynoter, Marathon
Distributed by Knight Ridder/Tribune Business News.