SEMINOLE COUNTY, Fla. — A man accused of killing a Lake Brantley football player plead guilty to second-degree murder Monday afternoon in a plea deal. Brian Harvey will spend 22 years in the Department of Corrections along with eight years probation.
One of the conditions of his plea deal is that a victim impact statement, written by Weiner's family talking about the high school graduation they never attended and the wedding Weiner never had, must hang in his cell for those 22 years.
"When you get out, I want you on the anniversary of Mr. Weiner's death, to go to the cemetery and visit there and I want proof of that," Circuit Court Judge Debra Nelson said.
The first two cases against Brian Harvey were thrown out and this was only the beginning of his third.
It was the first day of jury selection in the case,and one of the things attorneys wanted to know is if potential jurors had seen news reports, read or even searched online about details on the case. Attorneys were trying to ensure a fair and impartial jury.
Harvey, 22, was on trial in the shooting death of his friend, 17-year-old Mitch Weiner, two previous times. Prosecutors say the Lake Brantley High School football player was shot to death in a drug deal turned robbery August 5, 2006.
Two men have already been convicted of the crime. In 2008, Harvey told a jury that he did not know Stephen Johnson and Reuben Senior intended to rob Weiner.
After his first trial, Harvey was convicted of murder, but an error in jury instructions meant another chance to avoid a conviction for felony murder.
Earlier this year, Harvey went on trial again. After a week of testimony and tens of thousands of dollars spent on prosecuting the case, there was a mistrial. It was revealed that a juror disclosed facts in the case that were not presented as evidence.
Harvey will get credit for 911 days time served.
Previous Stories: September 17, 2010: Juror To Blame For Mistrial In Murder Case Retrial September 15, 2010: Key Witness In Murder Case Could Face Perjury September 14, 2010: Witness Testifies In Football Player's Murder September 13, 2010: Jury Selection For HS Football Player's Murder August 29, 2010: Key Witness in Murder Case Talks to WFTV August 27, 2010: Key Witness In Murder Trial Leaves Town May 28, 2008: Emotional Day As Suspects Sentenced For Lake Brantley Student's Murder April 14, 2008: Guilty Verdict Returned For Teen Accused Of Leading Friend Into Murder April 11, 2008: Closing Arguments Could Begin In Trial Of Murdered Lake Brantley Football Player April 9, 2008: Former Girlfriend Of Defendant Testifies For Prosecution In Murder Trial April 7, 2008: Trial To Begin For Man Accused In Killing Of Lake Brantley Football Player September 7, 2006: Suspect In Lake Brantley Student Murder To Stay Behind Bars August 9, 2006: Police Arrest Final Suspect In Murder Of Local Student August 7, 2006: Warrant Issued For Second Suspect In Teen's Murder August 7, 2006: Local H.S. Football Player Murdered, Friend Arrested
WFTV
