Fort Myers triple murder case: Mistrial granted after jury hangs.

Fort Myers homicide lawyer David A. Brener (239-332-1100) writes about the recent mistrial in a triple murder case. The recent mistrial in the triple murder case involving defendant Loubert Jules was a great example of our system at work. The only evidence against Jules was the testimony of two cooperating co-defendants, both drug dealers and users. There was absolutely no physical evidence linking the defendant to the scene of the crime or the bodies of the victims, and this obviously weighed heavily on at least one juror's mind. The jury could not reach a unanimous agreement, and a mistrial was declared as the jury was "hung." A hung jury means that the state can try him again, as double jeopardy does not attach to a mistrial, unless it was intentionally caused by the prosecutor. This is the only case I know of where a man was accused of killing three people, and the state did not seek to indict him on first degree murder charges and seek the death penalty. They really must have had a poor case if even the prosecution did not feel comfortable seeking the ultimate punishment in a triple murder case where the victims were beaten and then killed execution- style.

This is another example of the arbitrariness of the death penalty. The "Cash Feenz" case was a double murder case, and there was no real physical evidence linking my client, Kemar Johnston, to the crimes, but the state not only sought the death penalty, but would not entertain any plea to any sentence less than death. Fortunately, the jury in that case unanimously recommended life in prison, and the trial judge, who gave both sides a very fair trial, imposed it. The choice of prosecutor, the amount of media attention, and the lifestyle and race of the victim should not make a difference in whether the death penalty is sought, but both research and the experience of those in the capital defense community show that it does.
In Jules' case, fortunately the right call was made in the first instance by the state not seeking death, and by at least one juror in the second instance by refusing to convict on the uncorraborated word of two snitches.
David A. Brener, Esq.
2133 Main Street
Fort Myers, Fl. 33901
(239-332-1100)
http://www.justiceisourpassion.com/