GUILTY FL - Amber Avalos, Denise Potter & Rev. Tripp Battle, slain, Bradenton, 4 Dec 2014

[OkieGranny]

http://www.bradenton.com/news/local/crime/article54638950.html

Andres "Andy" Avalos Jr., the man charged with murdering his wife and two others in December 2014, faces a new charge of trying to kill another inmate at the Manatee County jail...

During an attack that was captured by security cameras at the jail, the sheriff's office said Avalos tried to kill Cruz by stabbing him in the head, face and neck with two sharpened toothbrushes at 2:29 p.m. Dec. 7 in the day room area of the pod where both men were being housed.

 

[rosie_lee]

Kim Kuizon FOX 13 (@kkuizon): https://twitter.com/kkuizon?s=09

Andy Avalos is back in #Manatee co court today. He had a rare discussion w Judge Moreland @FOX13News #Court https://t.co/1wxqgCAi6P

Avalos' attorney is asking the judge to strike down the death penalty. @FOX13News #manatee #court https://t.co/145y0Mrn1X

They will discuss striking the death penalty down in March @FOX13News #manatee #court #avalos

 

[rosie_lee]

Kim Kuizon FOX 13 (@kkuizon): https://twitter.com/kkuizon?s=09


Here is the motion that Andy Avalos' attorney filed to strike the death penalty @FOX13News #Manatee #Court #Crime https://t.co/NcLccGlXRb

 

[0101ABA]

Defense for triple-murder defendant Andres Avalos will not seek insanity defense, but seeking change of venue

The defense for Andres "Andy" Avalos Jr. will not use an insanity defense, but will seek to move the trial outside of Manatee County because of pretrial publicity. Avalos is charged with killing his wife, neighbor and a local pastor.

(...)

On Thursday morning, Avalos appeared before Circuit Judge Diana Moreland as attorneys for both sides argued multiple issues surrounding the death penalty.

Defense attorney Andrew Crawford indicated to the court that he would not be seeking an insanity defense, despite his intention to enter some psychological evidence as it relates to medication.

"Mr. Avalos has been seen by a number of mental health professionals," Crawford said. "Mr. Avalos will be receiving a PET scan shortly at a date that is confidential."

Crawford also said he will file a motion to request a change of venue for the trial because of the publicity the case has already received.

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Avalos is also currently facing an attempted murder charge after deputies at the Manatee County jail say he attacked a fellow inmate, Jesse "Green Eyes" Cruz, with sharpened toothbrushes. That case is set for October.

Avalos' next scheduled court appearance is 9 a.m. May 18 for a status conference hearing.

http://www.bradenton.com/news/local/crime/article70482217.html#storylink=cpy

 

[rosie_lee]

Jessica De Leon (@JDeleon1012): https://twitter.com/JDeleon1012?s=09

In court this morning, Andres "Andy" Avalos charged with three counts of first-degree murder.

Both attorneys agree case is moving on track for the October trial date.

Defense will argue for a change of location for trial at 2:30 p.m. June 13.

 

[JusticeWillBeServed]

From August:

Trial of accused triple murderer Andres ‘Andy’ Avalos delayed to May

http://www.bradenton.com/news/local/crime/killings/article95341367.html

The trial of triple-murder defendant Andres “Andy” Avalos Jr. has been delayed until May.

Last month, Avalos’s defense filed notice with the court of its intention to use an insanity defense. Additionally, the defense asked the trial be delayed because a neuroradiologist — said to be a key witness to his insanity defense —would be unavailable during the trial period scheduled to begin Oct. 17.

On Friday afternoon, both sides appeared before Circuit Judge Diana Moreland and with her selected May 8 as a new trial date.

 

[JusticeWillBeServed]

Man accused of killing 3 people in Manatee Co. heads to court

http://www.mysuncoast.com/news/local/man-accused-of-killing-people-in-manatee-co-heads-to/article_741d870a-12dc-11e7-b365-bfcf36ec8091.html

Judge Diana Moreland listened to motion to dismiss death penalty in the case, but will rule on it at a later date.

On April 20, court will reconvene to talk about questionnaire for jury selection.

On May 4, the jury selection process begins.

 

[JusticeWillBeServed]

Accused triple killer hopes mental health claims keep him off death row

http://www.bradenton.com/news/local/crime/article145697429.html

To spare him the death penalty, Andres “Andy” Avalos Jr.’s defense attorneys said they will rely on claims he was emotionally or mentally disturbed and under extreme duress if he is convicted of killing his wife, neighbor and local pastor.

Defense attorney Andrew Crawford told Circuit Judge Diana Moreland on Thursday morning that as part of Avalos’ intended insanity defense, he planned to rely on mental health claims during the penalty phase should a jury convict him of three counts of first-degree murder in an effort to keep him off death row.

If convicted, Avalos, 36, will face either the death penalty or an automatic life.

The case is set to go to trial beginning May 8, as all involved wait to see how the Florida Supreme Court will rule on a pending appeal the defense filed earlier this month seeking to stop the state from seeking the death penalty.

 

[0101ABA]

Monday will begin the process of selecting a jury — expected to take days because of the local media attention the case has received and national attention the case garnered in the days immediately following the three murders.

Members of Battle’s family, including his mother and wife, who are expected to testify, have sat in on hearing after hearing over the years.

http://www.miamiherald.com/news/local/crime/article149147199.html

 

[JusticeWillBeServed]

Potential jurors in Avalos murder case to return Friday for further questioning

http://www.bradenton.com/news/local/crime/article149949567.html

For four days, potential jurors have been brought into the courtroom and questioned individually by State Attorney Ed Brodsky, Assistant State Attorney Art Brown and defense attorneys Andrew Crawford and Richard Watts. The individual questioning has focused on three subjects only: previous knowledge of the case because of the publicity it has garnered; any scheduling hardships because of the length of time the trial is expected to take; and their views on the death penalty.

A total of 155 potential jurors were summoned for the case, and 76 of those were asked to return Friday for more questioning. On Friday, potential jurors will be questioned as a group — the standard format.

 

[0101ABA]

Jury has been selected in Avalos triple murder trial

A jury has been selected in the trial of Andres “Andy” Avalos Jr., charged with the premeditated murders of his wife, neighbor and a local pastor.

Avalos is charged with three counts of first-degree murder in the Dec. 4, 2014, deaths of his wife Amber Avalos, 33; neighbor Denise Potter, 46; and the Rev. James “Tripp” Battle III, 31.

 

[Harmony 2]

Opening arguments, testimony starts in Avalos murder trial

Two and a half years after three people were slain in Bradenton, opening statements and testimony begin in the triple murder trial of Andres “Andy” Avalos on first-degree murder charges. If the jury finds him guilty, he could receive the death penalty.

http://www.bradenton.com/news/local/crime/article150544102.html

 

[Harmony 2]

The trial gets underway on Monday. 10News will have a camera in the courtroom. Watch for live streaming coverage on 10News, wtsp.com and our mobile news app.

http://www.wtsp.com/news/trial-begins-for-manatee-co-man-accused-in-triple-murder/439603099

 

[JusticeWillBeServed]

http://www.miamiherald.com/news/local/crime/article150728962.html

Andres “Andy” Avalos Jr. believed his wife was having an affair with a local pastor when he killed them both, State Attorney Ed Brodsky said Monday during opening statements of Avalos’ capital murder trial.

And his neighbor just showed up at the wrong place at the wrong time when Avalos killed her, Brodsky added.

The prosecutor’s opening remarks, as well as testimony from several sheriff’s deputies and crime scene technicians, offered the most detailed account of what happened on the day of the slayings, the possible motive and the subsequent 51-hour manhunt for Avalos.

Brodsky told the 14 jurors — made up of 10 women and 4 men, including two alternates — that the evidence in the prosecution’s case would detail the “three moments in time” when Avalos killed the three victims in a jealous rage.

Defense attorney Richard Watts told jurors that Avalos believed his wife had brought the streets into their home and was having affairs with rival gang members. He conceded that Avalos had hit his wife so hard it left her unconscious and then he killed her.

“He had to fight for his life,” Watts said.

 

[JusticeWillBeServed]

Avalos spent more than two hours praying with couple in mobile home park before his arrest

http://www.bradenton.com/news/local/crime/article150789072.html

At about 1 p.m., Melissa and Jerry Hamilton were singing Christian hymns in preparation for a function at their church that evening. Melissa stood in the kitchen, and Jerry sat in the living room as he began to sing the popular Christian song, “I Can Only Imagine,” she recalled for the jury. Suddenly through the sliding glass door. she saw a man walk onto the wooden deck behind their mobile home.

“Can I help you?” she said to Avalos.

Avalos was crying, and said to her, "Can I come in and talk to you and your husband. I heard you and your husband singing."

She said no, but told Avalos they would come out to talk to him. Her husband, quickly went to put on a shirt and the three sat at the table and chairs on the deck, she said.

"He said, ‘I don't want to scare you but I'm the guy that killed those people,’" Melissa Hamilton said.

Melissa Hamilton said she panicked inside but didn’t let Avalos see that. Instead, she walked over to him and said, "I'm sorry and we'll pray with you.”

They prayed with Avalos for more than two and a half hours.

http://www.fox13news.com/news/local-news/255046743-story

The trial has revealed Avalos was apparently paranoid and skeptical about his wife's doings. In September, he says he called a taxi cab driver to follow his wife.

"He told me he wanted to go check up on his wife because he wanted to see if his wife was cheating on him," said Dustin Woodard.

During their ride, Woodard says he and Avalos saw Amber getting out of another car and into hers. While he couldn't identify the driver, Woodard said it set Avalos over the edge.

"He was upset, hurt, shocked pretty much every emotion you could think of," said Woodard.

 

[JusticeWillBeServed]

Prosecution rests in Avalos trial after widow describes seeing her husband shot to death

http://www.bradenton.com/news/local/crime/article151040982.html

On Dec. 4, 2014, the day of the slayings, Joy Battle was working in the church office at about 12:45 p.m. when Avalos came in, she testified Wednesday. She sat with him as he began to share his suspicions that their spouses were having an affair with one another. During that time, her husband called and asked if everything was OK after learning Avalos was there. She said she didn’t know.

Her husband arrived at the church within minutes of their phone call, and Joy Battle recalled saying, “Andy, Tripp is here so you can talk to him now.”

Avalos got up, walked out and closed the door behind him, she testified. Her husband was on the sidewalk as Avalos approached him.

“He pulled a gun from behind his back and he shot him three times and he fell to the floor,” Battle’s widow said, her voice trembling. She began to cry.

“I thought the best chance he had at living was if I called 911, so I went to my phone and called 911,” she said. “I was on the phone with 911, and Andy came back and shot him again.”

<modsnip>

 

[JusticeWillBeServed]

Jurors to return Saturday in Avalos murder trial

http://www.heraldtribune.com/news/20170519/jurors-to-return-saturday-in-avalos-murder-trial

Jurors asked Circuit Court Judge Diana Moreland, who is presiding over the case, to define second-degree murder. Later, they asked the judge other legal questions.

Around 8 p.m. Friday, after the jurors were unable to reach a unanimous verdict, Moreland ordered them sequestered.

They will resume their deliberations Saturday morning at 8:30 a.m.

 

[JusticeWillBeServed]

Andres “Andy” Avalos Jr. found guilty of three murders — now faces death penalty or life in prison

http://www.bradenton.com/news/local/crime/article151725887.html

Andres “Andy” Avalos has been found guilty of three counts of murder in the Dec. 4, 2014, slayings of his wife Amber Avalos, 33; neighbor Denise Potter, 46; and the Rev. James “Tripp” Battle III, 31.

The courtroom was calm after 13 hours of deliberations, and the jury delivered their verdict at 2 p.m. Saturday.

The jury — comprised of 12 jurors and two alternates — is no longer sequestered and will return at 8:30 a.m. Monday to begin the penalty phase.

 

[JusticeWillBeServed]

Life in prison: Jury reaches decision on Andres “Andy” Avalos Jr.’s punishment for murders

http://www.bradenton.com/news/local/crime/article152048982.html

Andres “Andy” Avalos Jr. was sentenced to life in prison late Monday for the first-degree murders of his neighbor, Denise Potter, and the Rev. James “Tripp” Battle.

Battle’s widow, Joy, said afterward that she was pleased with the verdict.

“I’m not saying that Andy didn’t deserve death, but what we really wanted was justice. Spending life in prison is justice,” Joy Battle said. “I’m at peace.”

For her, Monday’s verdict finally put this to a close.

Andres ‘Andy’ Avalos gets third life prison sentence for murder

http://www.bradenton.com/news/local/crime/article152394152.html

Convicted triple murderer Andres “Andy” Avalos Jr. was sentenced Wednesday to his third life prison term — for the death of his wife Amber Avalos in December 2014.

Avalos was sentenced to life in prison by Circuit Judge Diana Moreland on Wednesday afternoon, and she ruled that all three life terms will run consecutively.

Amber’s sister asked that Avalos be sentenced to life in prison for her death.

“The only love affair my sister has ever had is her love of Jesus,” Deanna Freniere said. “Darkness hates light and my sister was filled with light, so bright it shined on everyone she touched.”

 

[JusticeWillBeServed]

Andres ‘Andy’ Avalos Jr. still facing charge for attempted murder before heading to prison for 3 life terms

http://www.bradenton.com/news/local/crime/article152700764.html

He is set to stand trial for the attempted murder charge during the two-week trial period that begins July 31.

As he did in his murder trial, Avalos intends to rely on an insanity defense, according to court records. Similarly, his defense attorney claims that Avalos suffered from paranoid schizophrenia, delusional disorder, mild neurocognitive disorder, an abnormal brain and reduced cognitive, emotional and personality controls because of abnormal brain functioning.