BREVARD COUNTY, Fla. — A judge in Brevard County has denied a motion to dismiss the death penalty notice against David Barber, despite concerns over pretrial publicity.
Judge McKibben ruled that the document in question, which was released to news outlets, was not improperly disclosed by the State Attorney’s Office.
The release occurred following public records requests, and the document was reviewed for possible exemption from disclosure before being provided.
The motion to dismiss the death penalty notice was filed by Barber’s attorney, who argued that the document’s release could prejudice potential jurors.
However, the court found that the document did not constitute a statement by the State Attorney’s Office, and thus did not violate any rules of professional conduct.
The court also noted that any potential impact on jurors due to pretrial publicity could be addressed during jury selection.
The judge emphasized that there was no legal basis to dismiss the death penalty notice as a sanction for the document’s release.
With the denial of the motion, the case against Barber will proceed with the death penalty still on the table.
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