KISSIMMEE Fla. — Court filings in the case of convicted murderer Everett Miller have given some insight into how the defense may be trying to keep Miller off death row.
The retired marine was convicted last month in the 2017 murders of Kissimmee police officer Matthew Baxter and Sgt. Sam Howard.
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Channel 9’s legal analyst Bill Sheaffer said the defense can use as many mitigating factors as they can come up with to try to spare their client's life.
Mental health is often a big one and it’s something Miller’s attorney’s have already notified the court they plan to use. They have also received extra funding for a psychological expert.
This is an issue they couldn’t raise in the guilt phase of the trial, but can use in the penalty phase.
Prosecutors have also listed a neurologist as a possible expert witness, a doctor known for testifying about abnormalities in the brain, perhaps to counter any mental defect the defense may raise.
Both sides know the law now requires a unanimous jury to come back with a recommendation for death, which might be what the defense is hoping by raising mental health concerns for the former marine.
“They hope this mental health issue touches at least one juror and if it does, they keep their client off death row,” Sheaffer said.
The sentencing phase will begin next month and will be like a small trial with the same jurors who found Miller guilty.
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