Kemar Johnston's attorney this morning attacked the constitutionality of the death penalty, arguing that the State Attorney's Office doesn't have uniform standards when it comes to choosing who should be punished with death.
Johnston, 22, goes on trial Tuesday, charged with two counts each of first-degree murder, kidnapping and aggravated assault with a deadly weapon. He is the first member of the Cash Feenz to go on trial facing death if he is convicted.
Johnston is charged with participated in the 2006 beating, torture and killing of Alexis and Jeffrey Sosa. The Sosas were beaten at a birthday party for Johnston at his Cape Coral duplex and then taken to an industrial park, where they were fatally shot and their car set on fire.
Fort Myers attorney David Brener argued that racial makeup and socioeconomic status of the victims and defendants, media coverage of the case and where the death occurred are arbitrary factors that go into why prosecutors choose to seek the death penalty.
In the 20th Judicial Circuit, which comprises Lee, Collier, Charlotte, Glades and Hendry counties, Steve Russell has a committee of attorneys who decide on a case-by-case basis whether to seek the death penalty against a defendant. Russell has the final say.
Assistant state attorney Bob Lee argued that Brener's arguments were simply his opinion and not evidence of arbitrary decisions made by the prosecution.
"There are a myriad of factors that go into the decision," Lee said.
Reese denied the motion, but said the points argued are "extremely interesting."
"It's a fascinating and incredibly complex area," Reese said. "We have a statutory scheme in Florida — it has been found to be constitutional."