Defense attorney calls Volusia Sheriff Mike Chitwood's comment about jury 'un-American'

The defense attorney who picked the jury that returned a lesser charge against an accused cop killer called Volusia Sheriff Mike Chitwood's comments criticizing the jury verdict "un-American."

Like other law enforcement leaders, Chitwood strongly disagreed with the jury verdict finding Othal Wallace guilty of a manslaughter for killing Daytona Beach police officer Jason Raynor.

Chitwood, though, used the strongest language thus far, writing “I have never been more disgusted by a verdict than I am today.”

Chitwood also referred to a post on Facebook by Suzerain, a nonprofit organization with lawyers who defend indigent defendants facing possible death sentences.

The post noted that Allison Ferber Miller was the defense attorney who picked the jury that found Wallace guilty of the lesser offense of manslaughter with a firearm, which prevented prosecutors from seeking the death penalty.

Wallace instead faces up to 30 years in prison.

The Clay County jury of seven women and five men deliberated for about 14 hours over two days.

Chitwood posted on his Facebook page on Saturday: “They’re really bragging on Facebook about picking a jury that let a cop killer off on a lesser charge.”

Miller told The News-Journal she wanted "to set the record straight."

"I did not post anything on social media about this case, nor did I have anything to do with the posts on social media about this case," she said. “Suzerain Capital Defense, a capital defense nonprofit organization, posted a factually accurate recounting of what transpired in the case: a jury was selected, by me, to try the State of Florida v Othal Wallace. That jury returned a verdict of manslaughter, which by that verdict, Mr. Wallace is not eligible for the death penalty.”

Miller wrote that Robert Dunham, formerly of the Death Penalty Information Center, also posted on X, formerly known as Twitter, about the verdict.

“This case was of interest to many people, including those entities that relate to the death penalty in this country,” Miller wrote.

Othal Wallace defense attorney: Disparaging jurors is 'un-American'

Miller then wrote about Chitwood’s comments about the jury.

“However, I am always saddened and troubled when I see a law enforcement official, such as the sheriff, refer to a jury’s verdict as disgusting. Those 15 citizens – 12 jurors and 3 alternates – upended their lives for weeks, listened attentively to all of the evidence, and deliberated for nearly 15 hours before reaching a verdict in this case.

“One such juror, who otherwise would have been excused because of her medical ailments, referred to it as her 'duty' to serve as a juror,” Miller wrote.

“Sheriff Chitwood is certainly free to disagree with the jury’s verdict, but to disparage the work of the jurors and the jurors themselves, frankly, to me, is un-American.”

Miller wrote that she sits on the board of directors of Suzerain. Miller said she did not have anything to do with the post.

"I did not know Suzerain was posting anything about the case. Suzerain also did not represent anything in a positive or negative light – to be accused of bragging – again, only an accurate recounting of what transpired in the case," Miller wrote.

Miller joins Othal Wallace defense team

Miller only joined the defense team in August. She was brought onto the case specifically for jury selection at the request of the three attorneys already representing Wallace. Circuit Judge Raul Zambrano at a hearing granted the defense request for the state to pay Miller $100 an hour, up to $8,500, for her work.

The Justice Administrative Commission, the state agency that pays for representation, objected to Miller’s appointment, saying Wallace already was represented by three attorneys, and that hiring Miller would be "a luxury." But only one of those defense attorneys, Garry Wood, was “death-qualified.”

After jury selection was complete, the three initial defense attorneys, Terry Shoemaker, Tim Pribisco and Wood, faced off against Seventh Circuit State Attorney R.J. Larizza and Assistant State Attorneys Jason Lewis and Andrew Urbanak in the courtroom.

Chitwood: Faith in jury's shaken by Othal Wallace verdict

Chitwood’s post in part stated that the jury’s message was that it was “open season on law enforcement.”

Chitwood wrote that conviction on a charge of manslaughter was “a slap in the face of everyone who puts on a uniform.”

Chitwood quoted Wallace’s social media post made only weeks before he shot Raynor. In that post Wallace said he would someday take great pride in "getting pig’s blood on his hands and boots."

Chitwood referred to that quote and said that Wallace may someday get the chance to walk free.

“(Raynor’s) life may not matter to the jury, but it mattered to us,” wrote Chitwood, adding that his faith in the American jury had been shaken previously.

He wrote he had seen juries disregard video evidence and victims.

This article originally appeared on The Daytona Beach News-Journal: Chitwood's comment in Othal Wallace case called 'un-American' by attorney