Nicholas Ferro, the Hollywood man convicted of stabbing Marques Butler to death during Fantasy Fest 2009, will be sentenced on Feb. 7. The day before that, however, his lawyers will try to convince his potential sentencer–Circuit Court Judge Luis Garcia–to grant him a new trial.
Garcia, who ran the Plantation Key trial that found Ferro guilty of second-degree murder, is in the position of granting the Hollywood man another chance in the courtroom on Feb. 6 or sentence him tolife in prison on Feb. 7.
Ferro’s first trial ended when a jury failed to reach a verdict in March 2012.
Ferro’s senrtencing had been scheduled for Dec. 2, but the date was changed after his lawyers filed a motion for a new trial a couple of weeks ago. A source in Miami-Dade Assistant State Attorney Breezye Telfair’s office told KonkLife that Ferro’s sentencing was on for Feb. 7.
Should Garcia grant a new trial, in essence agreeing with defense attorneys that as judge he allowed testimony that prejudiced the jury or made a fair trial impossible, it would surprise court watchers.
Randy Acevedo, the former superintendent of schools, asked Circuit Court Judge Mark Jones for a new trial after he was convicted of felony official misconduct charges. Jones had also overseen Acevedo’s trial. Jones rejected the motion.
In Florida, defendants can then ask the Third District Court of Appeal in Miami to overturn their judge’s decision not to grant a new trial.
[livemarket market_name="KONK Life LiveMarket" limit=3 category=“” show_signup=0 show_more=0]
No Comment