ORANGE COUNTY, Fla. — Markeith Loyd’s attorney says he was insane when he shot and killed Orlando police Lt. Deborah Clayton in a Walmart parking lot in 2017.
His attorneys are also asking for video that will show the jury how Loyd was treated after his capture.
“We believe that, from the beginning of this investigation, the Orlando Police Department has had a focused anger and hate toward my client because of him taking the life of one of their officers,” defense attorney Terence Lenamon said.
Loyd’s lawyers were back in court Friday, ahead of his May trial on charges he murdered Clayton. His defense attorney, Terence Lenamon argues that Loyd has a paranoia of police after he shot and killed his pregnant ex-girlfriend, Sade Dixon, for which he is already serving a life sentence, and that he had a fear of being killed by an officer while he was on the run.
Channel 9 legal analyst Bill Sheaffer said the arguments could be tricky.
“The defense is walking a tight rope if they are going to say Markeith Loyd acted in self-defense. Certainly, video and other evidence don’t support that and basically that can be very offensive to the jury,” Sheaffer said.
Prosecutors say they want to know exactly what Loyd’s mental illness is, partly so they can depose the doctor who diagnoses him, and prepare to have their own medical experts evaluate Loyd.
The defense says it doesn’t matter what his condition is, and the state is making an issue where there shouldn’t be one.
Prosecutor Ryan Williams said that is just not enough to argue a major development in the case.
“This entire process is adversarial,” Williams said. “The difference between competency and insanity is, the jury will decide the issue of insanity in this case."
READ MORE: Accused cop killer’s defense plan to claim insanity in Lt. Clayton murder trial
The defense also says it wants information from Dixon’s murder trial allowed in court, and that it is part of Loyd’s insanity story. However, the judge already told the state it could not talk about that crime in Clayton’s case.
The defense’s strategy will likely admit that Loyd shot and killed Clayton. They are also expected to argue that video shows Loyd was mistreated my Orlando police after his capture.
Lenamon is trying to show that Orlando police had such disgust for Loyd that they violated their own policies during and after his capture. That video is exempt for release to the public but in audio, Loyd is heard complaining that his handcuffs were too tight.
Lenamon says it was an hour and a half before Loyd got treatment for his eye that was hit by guns and boots during his capture. Police say he was resisting when they tried to take him into custody.
Lenamon said it is important because the jury will feel empathetic toward Clayton because she is an African-American woman, calling it “the elephant in the room.”
So, Lenamon has asked to present evidence that Clayton shot at Loyd first as he was running away to try and combat those feelings, showing a complete bias toward Loyd from the minute he was found in an abandoned home.
Prosecutors say the video is just self-serving and not relevant to the crime at hand, Prosecutors said the video mostly shows Loyd’s injuries and not the officers’ behavior.
READ MORE: Prosecutors: No proof that Orlando police mistreated Markeith Loyd
Prosecutors are going for the death penalty in the trial to determine Loyd’s responsibility for Clayton’s slaying.
Jurors are typical skeptical of insanity defenses, but that information could be the reason he is saved from death row.
The judge ruled that the state will be allowed to examine Loyd, but the defense doesn’t want more than one doctor allowed to examine him and assess his mental health. The judge said they want the statespeople to look at Loyd, which means the defense may want another one, to even the playing field.
Loyd on Friday asked to sit with his defense team; he usually sits in the jury box surrounded by the special response team.
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