September trial delay sought for man accused in killing of FMPD officer Adam Jobbers-Miller
A likely September trial for Wisner Desmaret, accused in the 2018 killing of a Fort Myers police officer, could be delayed.
Legal representatives for Desmaret filed a motion Monday afternoon seeking to delay his tentatively scheduled trial.
At a March pre-trial hearing for Desmaret, attorneys and Lee Circuit Court Judge Robert J. Branning arranged a trial call for Sept. 1 with Branning saying he would clear the court calendar for the end of the month in anticipation of trial.
A trial call means that parties to a case are "on call" for trial on a certain date. It does not mean that there will be a trial and sometimes there will be a settlement or plea accepted before trial begins.
The new motion filed Monday cites the defense intent to rely upon an insanity defense and how a delay in receiving an expected psychiatric evaluation could hamper their trial preparations.
"On May 3, 2021, over 13 months ago, the trial court signed a stipulated order that appointed Dr. Valerie McClain for the defense, and Dr. Michael Herkov and Dr. Ryan Estevez for the State," said the motion, signed by lead defense counsel Attorney Andrew Crawford of Bartow.
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"Dr. Estevez has now met with Defendant three times, but not produced a report for the defense," the motion added.
The motion said Estevez coordinated a meeting with Desmaret on June 15 but had to cancel due to health reasons.
"Estevez still wants to visit defendant again before he will produce a report and it is counsel’s understanding that his report will be not available until the middle of July 2022, possibly six weeks before trial," the motion said.
The request for delay, the motion explains, hinges on:
• the defense needing to coordinate, schedule and take Estevez’s deposition;
• obtain an expedited transcript of his deposition;
• review the deposition with defense experts to evaluate Estevez’s conclusions;
• make defense experts available for supplemental depositions as well as coordinate with a court reporter, multiple attorneys for both sides, and a doctor and possibly doctors.
"Six weeks is not enough time for the defense to properly prepare for trial to rebut and investigate Dr. Estevez’s conclusions," the motion concluded, adding that the denial of a defendant's right to investigate and prepare a defense could amount to a denial of due process.
A state attorneys office official declined to comment due to the active status of the case. Crawford did not respond to a request for comment.
As of Tuesday morning, Branning had not ruled on the motion but there is a motions/status hearing scheduled July 5 and a pre-trial conference on July 19
Desmaret faces several 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.
He has been held in jail since his arrest in 2018.
If a jury finds Desmaret guilty, he would face death in the shooting of Jobbers-Miller the night of July 21, 2018.
Connect with breaking news reporter Michael Braun: MichaelBraunNP (Facebook), @MichaelBraunNP (Twitter) or mbraun@news-press.com.
This article originally appeared on Fort Myers News-Press: Wisner Desmaret's lawyers seek to delay trial in FMPD officer's killing
