Capital murder trial for North Fort Myers man in 2-year-old's death delayed until spring
Soon after seating a jury, a judge postponed the capital murder trial for a North Fort Myers man accused of raping and killing a toddler, until, at least, late spring.
The trial for Nicholas Canfield, 28, began Jan. 29 with jury selection, but was ultimately postponed Wednesday afternoon. Lee Circuit Judge Bruce Kyle briefly called in jurors, thanked them for their attention during the past seven days and said the trial would be postponed due to unforeseen circumstances.
As jury selection began, Kyle on Jan. 28 ruled that Canfield, who faces one count of capital first-degree murder; one count of sexual battery on a child younger than 12; and three counts of aggravated child abuse, remains eligible for the capital punishment.
Jury selection lasted roughly seven days. Natalie Savino and Francine Donnorumo are prosecuting for the state.
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As Kyle discussed potential new dates, Savino briefly intervened and mentioned one of the witnesses is pregnant and due in March.
"I don't know when we’ll able to proceed," Kyle said, referencing two other looming capital-murder trials in Lee County. The trials for Wade Wilson, 29, and Jorge Guerrero-Torres, 35, are set April.
Canfield's counsel on Nov. 28 filed a motion challenging the new death penalty guidelines, which allow juries to recommend death in an 8-4 vote.
Before the bill took effect April 20, 2023, all 12 jurors had to unanimously find at least one death-penalty aggravating factor existed during deliberations in the guilt phase of the trial.
The State Attorney’s Office filed on Nov. 23, 2020, a notice of intent to seek the death penalty against Canfield.
A Lee County Grand Jury indicted him Oct. 23 that year in the death of 2-year-old Jaliyah Ramos.
The toddler died April 29, 2020. Rescue workers were called to the Ramos' home six days earlier, where they found her unresponsive.
Lee County deputies arrested Canfield on April 30, 2020. He's been jailed since on $250,000 bond.
In May 2020, Sheriff Carmine Marceno said two of the three children in the home showed signs of injury and called the situation "pure evil." Officials called him the children's "caretaker."
Canfield's indictment said the crimes happened on one or more occasions between March 1 and April 29 and included a male child.
Canfield has at least five other arrests in Lee County, including those for probation violations, battery and marijuana possession.
Kyle asked Canfield's counsel if they're also involved in the trials for Guerrero-Torres and Wilson before he set a pretrial hearing for March 27.
Tomas Rodriguez is a Breaking/Live News Reporter for the Naples Daily News and The News-Press. You can reach Tomas at TRodriguez@gannett.com or 772-333-5501. Connect with him on Threads @tomasfrobeltran, Instagram @tomasfrobeltran and Facebook @tomasrodrigueznews.
This article originally appeared on Naples Daily News: Nicholas Canfield: Capital murder trial delayed until spring
