Wisner Desmaret challenges court as trial looms in fatal Fort Myers police officer's shooting
Lee Circuit Judge Robert J. Branning cleared the way Thursday for a long-awaited trial for a man accused of fatally shooting a Fort Myers police officer nearly five years ago.
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.
Thursday, he accused the Fort Myers Police Department of attempting to have him killed both during his arrest and after, questioned the courts about seating an impartial jury and attempted to have counsel appointed to assist him dismissed.
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.
He faces a possible death penalty upon conviction.
State Attorney Amira Fox and Assistant State Attorney Andreas Gardiner, of the homicide unit, are prosecuting the case. Desmaret represents himself, with longtime defense attorney Lee Hollander as standby counsel.
Desmaret again attempted to have Branning dismiss Hollander from his case. Branning had appointed Holland as a public defender to assist Desmaret through the trial.
Branning explained to Desmaret he can't remove Hollander as the defendant represents himself. Branning reiterated several times Hollander is on standby.
"Alright, I want this man off my case, too," Desmaret said of Hollander.
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Confusion, accusations of a set up
Desmaret early on expressed confusion about two separate case numbers he said were associated with him.
Hollander and Branning explained to Desmaret one is a case number, while the other references a police incident report.
"It looks like it’s the same thing, but separate thing," Desmaret said.
Desmaret claims Fort Myers Police and others are trying to frame him. He said they’re trying to frame him with "dirty guns," adding he wasn’t in town during the shooting.
'I want the world to know'
Branning repeatedly told him jury selection begins Monday as Desmaret said he had many questions about the trial.
Desmaret said he's ready.
"I want the whole world to know," Desmaret said of what happened the day Jobbers- Miller died.
Desmaret claims police plot to kill him
Desmaret said another officer told Jobbers-Miller to kill him the day of the shooting, adding he took off running and was in fear for his life. He alleged it didn't end there.
At the hospital, he said, an officer encouraged a fellow officer to shoot Desmaret four times.
"The state is trying to get my family to frame me," he said. Desmaret said Fort Myers Police has stalked him and is "putting money" on his head.
Court procedures questioned
Branning said 75 potential jurors will be called in each day until they can reduce the pool to about 60 potential jurors. Jury selection could take several days.
Branning mentioned discussing the death penalty with potential jurors.
Desmaret said jurors won’t be fair, alleging they’re associated with officers.
"I feel the whole city was against me," Desmaret said.
Hollander and Branning cautioned him.
"It’s a small city, so I’m sure a lot of people know about this case," Desmaret said.
Desmaret said Fort Myers is a "small town," implying jurors should be selected statewide, given the state is prosecuting his case.
Misunderstanding of guilt phase v. guilty face
Hollander objected the use of “guilt phase” describing the first part of the trial, suggesting the repeated use of "guilt phase" compared to "penalty phase."
Desmaret misinterpreted the term "guilty phase" for "guilty face." He said they’re looking at him as if he has a "guilt face."
"My life is on the line," Desmaret said.
Desmaret said Hollander won’t advocate for him, leading him to again ask to represent himself in trial.
The day of Adam Jobbers-Miller's shooting
Jobbers-Miller, 29, was a two-year veteran of the Fort Myers force. Before moving to Florida to pursue a career as a police officer, Jobbers-Miller worked as a volunteer firefighter in Wayne, New Jersey.
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.
Fox and Kristin Capuzzi, spokesperson for Fort Myers Police, said they won't comment until the trial is complete.
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: Murder trial in death of Fort Myers police officer starts Monday
