Jul 7, 2008 10:21 pm US/Eastern
Lawyers Want Accused Child Killer Put In Solitary
Trial Set To Begin Sept. 8th
MIAMI (CBS4) ―
Lawyers for a South Florida teen accused of killing a classmate have asked that he be kept in solitary confinement until his trial for his own protection.
That was just one of the pre-trial motions brought before Miami-Dade Circuit Court Judge John Schlesinger Monday in the case of 18-year old Michael Hernandez who will stand trial later this year for the stabbing death of Jamie Gough.
During the day's proceedings, Hernandez's attorney also asked that the same questionnaire given to potential Miami jurors be used to seat a jury in Orlando. Once a jury is seated, the defense then requested that they be sequestered to avoid the publicity that will be generated during the trial.
Hernandez's mother was in the court room for the proceedings and gave her son a hug and a kiss, the first time in four years, before he was taken back to his jail cell.
Earlier this month, Schlesinger agreed to move the trial to Orlando.
Click here to see the approved Change of Venue motion (pdf).
Prosecutors and Hernandez's lawyer agreed that it might not be impossible to seat a fair jury in Miami, so Tampa and Orlando were considered as alternates.
Hernandez, found to be competent to stand trial, faces life in prison without parole if convicted of killing 14-year-old Jaime Gough in the bathroom of Southwood Middle School in 2004. Gough had more than 40 stab wounds to his neck, face and hands when he was killed. Hernandez, who was also 14 at the time, reportedly confessed to the murder in a videotaped statement. He has since pleaded not guilty due to insanity.
Hernandez's attorney Richard Rosenbaum filed a motion asking for the trial to be moved out of Miami-Dade because of what he called a bias caused by heavy media coverage.
"Not only did we have jurors that had heard about the case and had fixed and set opinions. On day two, we had a bomb threat against Mr. Hernandez," Rosenbaum said.
Plus, Rosenbaum said he read comments on the Miami Herald's website that concerned him. "It wasn't nice towards Michael. It wasn't nice towards the defense team. If that is the sentiment of the people of Miami, I'm convinced that we will not get a fair trial," Rosenbaum said.
Hernandez has pleaded not guilty by reason of insanity in the stabbing death of 14-year-old Jaime Gough.
Last month, jury selection was put on hold after Hernandez's attorney said he was adding an expert witness, Vanessa Archer, a psychologist to their list of those of will testify. In earlier court hearings, she testified that the teen is "seriously, mentally ill". After the addition was announced, the judge granted prosecutors more time to conduct more depositions.
The trial is set to begin September 8th.
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