Saturday, February 20, 2016

David Brener's Recent Verdicts and Results in Homicide Cases

State adv. R.W,, Collier County. Charged with First Degree Murder, Attempted First Degree Murder, Armed Robbery (Firearm), and Attempted Armed Robbery. State was seeking Death Penalty which  was waived after Mr. Brener entered as attorney of record.  Client was already serving 20 year sentence on related case for tampering, through writings from jail ,with the murder case witnesses. During jury selection, state offered plea to second degree murder and agreed to waive mandatory life sentence as well as 25 year minimum mandatory sentence  under 10-20-Life Law.  Client entered plea to second degree murder and received 22 year sentence concurrent with existing 20 year sentence, with all credit time served.

State adv. S.O., Collier County.  Client charged with Second Degree Murder for the cold case killing of his tenant's boyfriend. State alleged that Client lied in wait for victim.   Prior to trial, and after filing  motions attacking the admissibility of Client's statement and alleging constitutional violations, state offered to reduce the charge to Manslaughter, and eliminate the firearm language.  Client had been out on bond since Brener conducted bond hearing two weeks after arrest.  Client accepted plea to two (2) years house arrest, followed by three (3)years probation.

.State adv. T.B., Glades County.  Client charged with First Degree Murder. Victim was shot, pistol whipped, and run over several times by motor vehicle.  Before trial, state agreed to waive both  Death Penalty, and mandatory Life sentence. Client entered plea to term of years.

State adv. G.C., Collier County.  Client charged with Second Degree Murder and Attempted Second Degree Murder for the shooting of two men in Immokalee.  Brener raised misidentification defense and alleged that police utilized suggestive photographic lineups with three (3) identification witnesses. Client was found Not Guilty of all charges.

State adv. R.D,, Lee County.  Client charged with First Degree Murder, Burglary While Armed, and Child Abuse.  Client shot his wife at her job at Bobby Noonan Day Care Center in Cape Coral, while she was hiding from him and holding several young children in her arms.  State sought death penalty, and client immediately confessed while holding murder weapon.  After four (4) full weeks of jury selection, and examining eight hundred (800) potential jurors, Brener accepted a jury to try the guilt or innocence of the Client, and, as predicted after the inevitable guilty verdict,  to decide whether the Defendant should live or die by lethal injection in a separate penalty trial.  After several days of presenting mitigation evidence in the penalty phase, the jury recommended Life instead of the Death Penalty, and the judge sentenced Client to Life.

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