ORANGE COUNTY, Fla. - An Orange County judge said Tuesday he will not delay the proceedings of the Markeith Loyd case.
Loyd and his lawyers are in court going over 70 motions that have been filed in the case.
Loyd is accused of killing his ex-girlfriend, Sade Dixon, their unborn baby and Orlando police Lt. Debra Clayton.
Lawyers for Loyd wanted Judge Fred Lauten to stay the proceedings while they decide if they should ask the judge to recuse himself.
Defense attorney Terence Lenamon said Lauten was too involved in the manhunt for Loyd because of things like signing search warrants.
The attorneys want to know if that was a coincidence or whether it was planned to have Lauten preside over a case he had already touched.
Waiting on judge Lauten to start the hearing for markeith loyd. Today we will hear several motions filed by his attorneys. pic.twitter.com/e3Aly5WzZ0— Shannon Butler (@SButlerWFTV) November 27, 2018
Lauten said he asked to take it on because he was worried it was too much for another judge who had a full docket.
The defense attorney is also arguing that the excessive force investigation into four officers is taking too long. Lenamon accused the state attorney's office in Seminole County of stalling.
Lenamon said he wants the information to prepare for trial, but documents during an active investigation are not usually made public until it's over.
“Actively involved” “working with law enforcement” those are the words #markeithloyd’s defense used on why they need to decide if they will ask judge Fred lauten to recuse himself from the case. #wftv— Shannon Butler (@SButlerWFTV) November 27, 2018
"Nobody cares. Markeith Loyd is a monster, and nobody is going to think twice about it when it comes to this law enforcement," he said to Lauten. "So what we have here going on, Judge, is a show."
Chief Assistant State Attorney Stacey Salmons said she took offense at Lenamon's description of their investigation, saying these things take time.
"I care," she said. "(State Attorney) Phil Archer cares."
#Markeithloyd attorney: “My concern is that nobody really cares about what really happened.” “You think they want to go after those 4 officers.” “Of course not.” “They are dragging their feet”. This in regards to excessive force investigation. #wftv— Shannon Butler (@SButlerWFTV) November 27, 2018
11 months so far. That’s how long the excessive force investigation has been going on in markeith loyd. Attorney said 4 cops have not even been Interviewed yet. Judge says that is not unusual. Lawyers want statements so far. But it’s under investigation.#wftv— Shannon Butler (@SButlerWFTV) November 27, 2018
35 interviews have already been conducted in the excessive force case against #markeithloyd, but Not the 4 officers accused. Defense says loyd surrendered peacefully, Opd says he resisted. Could be a favor in the penalty phase to put him to death if convicted. #wftv— Shannon Butler (@SButlerWFTV) November 27, 2018
Salmons said investigators have not interviewed the four officers yet but will do so in the coming months.
"This is a death penalty case," Lenamon said. "My client's surrender, his voluntary surrender, his non-resistance is a mitigating factor that can be considered by a jury."
The trial for Dixon's murder is scheduled for May. A trial has not yet been scheduled for Clayton's murder.
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