Tampa Bay Criminal Defense Lawyer - murder defense

By Nicholas Dorsten, Esq.

From the St. Pete Times website, an article that questions a particular defense...

ST. PETERSBURG, FL — Did a "Red Bull defense" lead prosecutors to conclude that a murder suspect is not guilty by reason of insanity?

That's one of several questions raised by a criminal defense lawyer. He's working with the brother of the murder suspect and the son of the victim. The murder suspect was arrested in 2009 on a charge of killing their father by smothering him.

The Pinellas-Pasco State Attorney's Office has said it's leaning toward accepting an insanity defense for the murder suspect, based on the conclusions of two doctors who said he was insane at the time; and on circumstances surrounding the killing itself.

A final decision hasn't been made.

The criminal defense lawyer who was a longtime prosecutor, points to the transcript of a bond reduction hearing in which Red Bull, a high-caffeine beverage, factored into a doctor's evaluation of the murder suspect.

In the hearing last February, a psychiatrist said the murder suspect had suffered a "psychotic break" and had underlying signs of depression at the time of the killing.

In questioning from an Assistant State Attorney, the doctor said the murder suspect had suffered sleep deprivation, which "led to his psychosis and it was accelerated by his use of Red Bull."

The prosecitor asked, "So because he was sleep deprived, he actually went into an alternate reality and killed his own father?"

The doctor said yes.

She asked later: "So your final conclusion was the sleep deprivation and the Red Bull led him to killing his father?"

Again he said yes.

The criminal defense attorney on Monday sent a letter to a Circuit Judge strongly disagreeing with his brother's insanity defense. He concluded his letter this way: "And since when is being tired, and high on an energy drink, an excuse for cold blooded murder, anyway?"

It wasn't immediately clear how big a role the Red Bull theory has played in the murder case.

The testimony about Red Bull came during the bond reduction hearing. The purpose of the hearing was for a judge to decide whether the murder suspect should be released from the Pinellas County Jail on bail. At that point, prosecutors were arguing that he should remain locked up. The judge ordered him to remain behind bars without bail. The judge wasn't considering the murder suspect's insanity defense for the killing itself.

The defense lawyer said he believes the doctor did the formal evaluation for the murder suspect's defense, but he wasn't sure.

Another doctor hired by the state also evaluated the murder suspect, but it wasn't known whether he found sleep deprivation or Red Bull to be relevant. Neither of the doctors' formal evaluations are part of the public court file.

The defense attorney said he believes the state should hire additional doctors to further evaluate the murder suspect. He also would like the State Attorney's Office to have a face-to-face meeting with the man's brother, who isn't only the son of the man who was killed, but also an important witness in the case, because he spoke to the suspected killer right after the killing.

A hearing is set for Feb. 17.

In addition, a lawsuit has been filed seeking to prevent the murder suspect from sharing in the inheritance from his father.

Have you or someone you love been arrested for a violent crime or a criminal offense? Then call the St. Petersburg criminal defense attorneys today for a free consultation!

For more information, or to speak directly with experienced St. Petersburg criminal defense lawyers please contact BLAKE & DORSTEN, P.A. at 727.286.6141 or email the lawyers your questions at: info@blakedorstenlaw.com. We are located at 4707 140th Ave N, Suite 104 in Clearwater, across from the criminal courthouse in the airport business center, minutes from Tampa and St. Petersburg.