Trial in 2018 killing of Fort Myers officer Adam Jobbers-Miller delayed until at least January
Lee County Judge Robert J. Branning made sure both sides understood his orders relating to the murder trial of Wisner Desmaret in the 2018 slaying of a Fort Myers Police officer.
The new trial, optimistically, could begin as early as January, Branning said on Tuesday afternoon. The trial was set to begin Tuesday morning.
Branning's orders, issued Friday, released Desmaret's defense lawyers of nearly four years, appointed attorney Lee Hollander as the chief counsel and assigned a psychiatrist to examine Desmaret to make certain he is able to represent himself.
Motion to quit: 'I represent myself,' man accused of killing Fort Myers cop says in court 4 days before trial
Judge OKs split: Trial delayed in man accused of killing Fort Myers police officer Adam Jobbers-Miller
Desmaret, 33, is accused of killing Adam Jobbers-Miller along Martin Luther King Jr. Boulevard in Fort Myers on July 21, 2018. Jobbers-Miller was pursuing Desmaret for the alleged theft of a cell phone when Desmaret grabbed the officer's gun and shot him, according to police. Jobbers-Miller died days later from his injuries.
The courts have twice cleared Desmaret as competent to stand trial. With first-degree murder among other charges, he faces a possible death penalty upon conviction.
The psychiatrist, Keegan Culver, will determine whether Desmaret has made a "knowing and intelligent" choice to waive counsel and doesn't suffer from "severe mental illness to the point where" he can't conduct trial proceedings himself.
Branning made certain to distinguish the new mental health review is to determine his ability to represent himself, or, in legal terms "pro se." He asked Desmaret whether he received the court ruling on Friday.
"I got some paperwork, but I didn’t understand what it was saying," Desmaret said.
The judge pointed out that on at least two prior occasions Desmaret had requested to defend himself, as is his right.
If Culver agrees that Desmaret understands his own request, he would then represent himself with Hollander as "stand-by" counsel.
Unlike a recent court appearance where he called his former attorney a "snake," Desmaret appeared calm and soft-spoken Tuesday, mostly looking down at the table in front of him for the 25-minute hearing.
State Attorney Amira Fox agreed that should Desmaret represent himself, her office could proceed with a trial in January.
Hollander asked for additional information and a consideration of the time it would take to bring himself to speed in the case, saying that the previous mental health evaluations alone were more than 1,000 pages.
If he is lead counsel on the case, the trial would likely sustain another delay, giving him time to prepare.
In the meantime, Desmaret will remain at the Lee County Jail in Fort Myers so Culver will have easier access for an evaluation, Branning ruled.
Desmaret has spent most of the past four years at Collier County Jail in Naples "as a cautionary move," transported to Lee County for key court dates.
Hollander said he would meet with Desmaret at either jail.
Branning set an update for Oct. 6, where he hopes to have the mental health evaluation and is able to make a decision on Desmaret's request to represent himself.
"The events of last week were well documented, but I do not intend to let this case linger," Branning said.
Stacey Henson is the breaking news and visuals editor for The News-Press and Naples Daily News. You may reach her at shenson@gannett.com
This article originally appeared on Fort Myers News-Press: Wisner Desmaret could stand trial in January in FMPD officer's killing
