Jury selected, opening arguments in Wisner Desmaret set Monday as he challenges court

A man representing himself in the slaying of a Fort Myers Police officer expressed his concerns about whether he can receive a fair trial as he ultimately agreed Thursday to 16 people tasked with hearing the case.

Wisner Desmaret, 34, of Fort Myers is accused of killing Adam Jobbers-Miller along Martin Luther King Jr. Boulevard in Fort Myers on July 21, 2018.

After nearly four days of jury selection vetted 150 people and narrowed it to 60, Desmaret questioned why he was even having a jury trial, adding that he never wanted one.

"How did this become a jury trial?" he asked, once telling the court he believe the state was "playing a game" and consistently challenged his ability to get a fair trial.

Desmaret faces charges including first-degree murder, attempted murder of a second Fort Myers police officer, resisting an officer with violence, robbery, depriving an officer of his means of protection, aggravated assault on a law enforcement officer, burglary of a conveyance and grand theft.

Because one of the charges carries the possibility of the death penalty, the state requires a jury trial.

With jury selection beginning Monday, Desmaret remained quiet until it was his turn to question jurors. Lee Circuit Judge Robert Branning, overseeing the trial, had appointed standby counsel Lee Hollander, who sat next to Desmaret.

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As State Attorney Amira Fox narrowed the jury pool, Desmaret reserved questions for the finalists.

"I’m just waiting for the elimination," he said, with the goal of 12 jurors with four alternates.

Branning reiterated the importance of asking questions as Hollander sat beside Desmaret.

It took the state about an hour until Fox announced they were ready to move forward eliminating potential jurors.

Desmaret attempted several times to strike jurors, citing relationships with law enforcement.

At least twice he couldn’t keep track of excused jurors.

"I got a lot of cause challenges," Desmaret said. "These dudes, a lot of their sons or brothers used to work in law enforcement."

Desmaret more than once claimed the courtroom was against him.

"You don’t have six defendants, but you have five or six law enforcement[s] in here," he added, referring to the uniformed officers in the courtroom.

Desmaret several times said he wanted to remove potential jurors "affiliated" with law enforcement.

"I represent myself so I will do what I feel," Desmaret said.

Confusion with court procedures

Desmaret more than once expressed confusion around legal terms.

He said he thought he could use 10 juror strikes every day throughout the trial. Each party can strike up to 10 jurors for cause before a jury is finalized. If the judge approves, they aren't able to sit in the jury box.

"That may be what you believe," Branning told Desmaret.

Branning reiterated Desmaret's perceptions of the legal system weren't accurate.

"I didn't know how to play the game," Desmaret said. "I'm just now learning."

Branning responded the trial is "no game."

"I feel the state is playing the little game," Desmaret replied.

Potential juror strikes

Desmaret attempted to strike multiple jurors, citing "close" relationships with law enforcement. One of them works for the city of Cape Coral.

Branning denied at least three of Desmaret's requests.

"I don’t trust any of the jurors because every time I strike you deny," Desmaret told Branning.

Desmaret further alleged Branning is picking jurors. He then discontinued selection.

"I don’t have anything else to say," Desmaret said. "I'm just the listener."

Minutes later, Desmaret again challenged the legal system, saying potential jurors are paid by the state.

"I don't think any of these jurors even fit for a case like this," Desmaret said.

Under state law, if the jurors determine guilt on the capital murder charge, all 12 must then determine agree on the death penalty.

'I'm just chilling right now'

"I’m just chilling right now," Desmaret said. "I'm just waiting to see what the state got going on."

Desmaret said he felt his opinion didn’t count.

"I don’t accept them, and I’m not striking them," Desmaret said.

Desmaret said striking the jury was the judge's job and not his.

"I’m in fear if I remove them," Desmaret said, "they might put me in more fear."

Background to the case

Fox and Assistant State Attorney Andreas Gardiner, of the homicide unit, are prosecuting the case.

Jobbers-Miller, 29, was a two-year veteran of the Fort Myers force.

Jobbers-Miller was pursuing Desmaret, accused of stealing a cellphone, when Desmaret grabbed his gun and shot him along, according to police. Jobbers-Miller died days later from his injuries.

Also shot and injured, Desmaret was arrested July 29, 2018, upon his release from Lee Memorial Hospital.

Sara Miles, spokesperson for the 20th Judicial Circuit, said the trial could extend through late April.

The courts were closed on Good Friday.

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 Twitter @TomasFRoBeltran, Instagram @tomasfrobeltran and Facebook @tomasrodrigueznews.

This article originally appeared on Fort Myers News-Press: Jury seated for man accused in Fort Myers Police officer's murder