Has the defense's motion (case: 2024 CF 001293) to modify jury instructions been spoken about here?
The standard jury instructions contain the following:
and the defense asserts that Florida statute doesn't establish a standard of proof for mitigating circumstances, and doesn't place the burden of proof for mitigating circumstances onto the defendant, and so any mention of the burden of proof for mitigating circumstances being placed on the defense should be removed. (All from the 12/18/24 motion here:
https://courts.osceolaclerk.com/)
I'm going to presume that the state has not tried to offer any sort of plea bargain to SS because their evidence is strong, they want the death penalty, and he has nothing to give them. I know some people are thinking that JS has not been arrested/charged because the state wants her to testify for them against SS before doing so, but IMO that makes the state look pretty bad and loses them a bunch of credibility in my eyes. Another idea is that they haven't arrested/charged JS because they don't want SS to be able to point the blame at her and away from him, but even if JS was the one who physically committed the act (which I highly doubt, as JS is a small woman and strangulation takes a while), IMO that would just make them both guilty of the murder.
Anyway with that stated, I've wondered what kind of defense they are preparing, and I think this motion gives a hint. I think they will not be trying for a Not Guilty verdict overall, and will instead be focusing on getting him convicted for lesser charges instead, and avoiding the death penalty. Things he might bring up as mitigating factors (whether true or not):
- His mental health/illness
- His substance use
- Pointing the finger at JS
- Saying it happened in the heat of the moment/wasn't planned
- His childhood head injury