Post by CCADP on Aug 20, 2005 9:05:22 GMT -5
Lawyers of man on death row seek detective's testimony
Said to have had affair with killer's girlfriend
By MIKE HOYEM
MHOYEM@NEWS-PRESS.COM
Published by news-press.com on August 20, 2005
DELIVERING YOUR WORLD
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Cary Michael Lambrix's lawyers were back in court Friday, asking a judge to hear the testimony of an investigator who allegedly had an affair with a woman who helped put Lambrix on death row.
An attorney for the state told Lee Circuit Judge R. Thomas Corbin it's not necessary to hear from former investigator Robert Daniels because his relationship with Frances Ottinger had nothing to do with Lambrix's convictions.
Lambrix, 45, of Glades County has been on death row since 1984 for the murders of Alisha Bryant, 19, of LaBelle and Lawrence Lamberson, 35, of Key Largo.
Lambrix and Ottinger — who was Lambrix's girlfriend at the time — met Bryant and Lamberson at a bar on Feb. 5, 1983. Prosecutors say Lambrix lured the two to his trailer and then took them outside and killed them.
Ottinger, 52, whose name was Frances Smith in 1983, told jurors she was cooking spaghetti for the four of them when Lambrix entered the trailer covered in blood and said he'd killed Bryant and Lamberson.
During an April 5, 2004, hearing, Ottinger testified she had an affair with Daniels, who was an investigator for the state attorney's office, during Lambrix's trial.
Attorneys Roseanne Eckert and William M. Hennis III of Capital Collateral Regional Counsel, the state-funded law office that represents death row inmates, are trying to use Ottinger's revelation and numerous other issues to get Lambrix a new trial.
Eckert told Corbin the love affair — which Ottinger testified lasted "a very short time" — was something the defense didn't know about at the time which could have altered the jury's perception of Ottinger.
"They had a reason to manipulate the testimony," Eckert said, adding that "every person on the jury would want to know that the two main witnesses were having sex at the time."
"Everything she said has to be re-evaluated in light of the affair."
Florida Assistant Attorney General Carol Dittmar told the judge Ottinger's testimony was consistent during the investigation and trial and Ottinger hadn't met Daniels when she made her initial statements to police.
"They didn't even know each other when she came forward with this evidence," Dittmar said, adding the defense argument "doesn't make any sense."
Saying sex "does not equal a conspiracy," Dittmar said she's "at a loss to understand why we need to have any more evidence taken on any of the claims before this court."
During the April 2004 hearing, Lambrix made a revelation of his own. He testified for the first time that he killed Lamberson, who was also known as Clarence Moore, in self-defense when he found Lamberson attacking Bryant and he tried to intervene.
Lambrix wasn't present Friday. He listened via a telephone hookup with death row and said little other than he's satisfied with his lawyers.
Corbin didn't say whether he'll take the testimony of Daniels and other witnesses the defense wants to present.
The judge said he'll have a transcript made of the hearing and issue an order as soon as possible.
Said to have had affair with killer's girlfriend
By MIKE HOYEM
MHOYEM@NEWS-PRESS.COM
Published by news-press.com on August 20, 2005
DELIVERING YOUR WORLD
Subscribe to The News-Press
Signup for daily email news
Printer friendly version
Email this article
Cary Michael Lambrix's lawyers were back in court Friday, asking a judge to hear the testimony of an investigator who allegedly had an affair with a woman who helped put Lambrix on death row.
An attorney for the state told Lee Circuit Judge R. Thomas Corbin it's not necessary to hear from former investigator Robert Daniels because his relationship with Frances Ottinger had nothing to do with Lambrix's convictions.
Lambrix, 45, of Glades County has been on death row since 1984 for the murders of Alisha Bryant, 19, of LaBelle and Lawrence Lamberson, 35, of Key Largo.
Lambrix and Ottinger — who was Lambrix's girlfriend at the time — met Bryant and Lamberson at a bar on Feb. 5, 1983. Prosecutors say Lambrix lured the two to his trailer and then took them outside and killed them.
Ottinger, 52, whose name was Frances Smith in 1983, told jurors she was cooking spaghetti for the four of them when Lambrix entered the trailer covered in blood and said he'd killed Bryant and Lamberson.
During an April 5, 2004, hearing, Ottinger testified she had an affair with Daniels, who was an investigator for the state attorney's office, during Lambrix's trial.
Attorneys Roseanne Eckert and William M. Hennis III of Capital Collateral Regional Counsel, the state-funded law office that represents death row inmates, are trying to use Ottinger's revelation and numerous other issues to get Lambrix a new trial.
Eckert told Corbin the love affair — which Ottinger testified lasted "a very short time" — was something the defense didn't know about at the time which could have altered the jury's perception of Ottinger.
"They had a reason to manipulate the testimony," Eckert said, adding that "every person on the jury would want to know that the two main witnesses were having sex at the time."
"Everything she said has to be re-evaluated in light of the affair."
Florida Assistant Attorney General Carol Dittmar told the judge Ottinger's testimony was consistent during the investigation and trial and Ottinger hadn't met Daniels when she made her initial statements to police.
"They didn't even know each other when she came forward with this evidence," Dittmar said, adding the defense argument "doesn't make any sense."
Saying sex "does not equal a conspiracy," Dittmar said she's "at a loss to understand why we need to have any more evidence taken on any of the claims before this court."
During the April 2004 hearing, Lambrix made a revelation of his own. He testified for the first time that he killed Lamberson, who was also known as Clarence Moore, in self-defense when he found Lamberson attacking Bryant and he tried to intervene.
Lambrix wasn't present Friday. He listened via a telephone hookup with death row and said little other than he's satisfied with his lawyers.
Corbin didn't say whether he'll take the testimony of Daniels and other witnesses the defense wants to present.
The judge said he'll have a transcript made of the hearing and issue an order as soon as possible.