Here's the latest in a possible Marion County death penalty case: Defendant waives hearing
Lawyers for a man facing a possible death sentence for murdering his wife and four children have decided to waive what is known as a Spencer hearing. Here's what we know:
What is a Spencer hearing?
Executive Assistant Public Defender John Spivey said the hearing is usually held to present additional information that may not have been mentioned during trial.
In this case, Spivey said, the defense for Michael Wayne Jones already made its full case during the trial.
Jury recommendation: Michael Wayne Jones should be put to death for killing four children
Seeking justice:Two years later, friends of a man killed in the Ocala National Forest hope for justice
Arrest made: Man arrested in connection with rape at SW Ocala apartment complex
"We've put everything out there already," Spivey said.
When will this decision be officially noted?
Spivey said the judge must accept the waiver in open court. A hearing is scheduled for Feb. 23 at 9 a.m.
At that hearing, Circuit Judge Anthony Tatti also will set a date for Jones' sentencing hearing. A unanimous jury has recommended the death penalty, but the final decision (death or life in prison) will be up to the judge.
Background of State v. Jones
Jones pleaded guilty to killing wife, Casei; Cameron Bowers, 9; his brother, Preston Bowers, 4; and sisters Mercalli Jones, 2 and 11-month-old Aiyana Jones. The girls belonged to the couple, and the boys weree from Casei's previous marriage.
Spivey and his team of lawyers argued that Jones' poor family life as a child, his mental health issues, and other problems he has experienced help explain their client's actions. They wanted life in prison for Jones.
But last month, during a penalty phase proceeding, the jury agreed with prosecutors that the death penalty was the appropriate punishment.
Which lawyers are involved in this case?
Assistant State Attorneys Amy Berndt and Rich Buxman are prosecuting the case. Spivey is assisted by Morris Carranza and Amanda Sizemore.
Where is Michael Wayne Jones now?
Spivey said he visited Jones recently at the Marion County Jail. He said Jones is receiving a higher dosage of medication, which he said is "very helpful."
The lawyer Jones is "aware that the judge has the final decision."
Asked if Jones, 41, of Summerfield, will say anything before the judge make his final ruling, Spivey said he did not know.
Contact Austin L. Miller at 867-4118, austin.miller@starbanner.com or @almillerosb
This article originally appeared on Ocala Star-Banner: Marion County man convicted of killing his wife, kids waives hearing
