BREVARD, Fla. — A judge is currently considering whether to overturn the death penalty in the case of David Barber, a former corrections officer charged with the murder of 72-year-old Jessie Kirk.
Barber and his legal team went back to court on Friday to argue against the death penalty.
They claim that the release of specific evidence by the state attorney might sway the jury’s decision, which could affect the fairness of the trial.
Barber’s attorneys contend that the evidence presented by the state attorney might influence a jury, prompting their push to remove the death penalty from consideration.
Prosecutors assert that releasing the information was consistent with public records law, indicating their belief that the disclosure was legal and appropriate.
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