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September 4, 2009

King's fate in a jury's hands

Posted: 02:13 PM ET

SARASOTA, Florida – Closing arguments in the penalty phase concerning convicted killer Michael King have now concluded and the jury is deliberating over whether he should face the death penalty.

Prosecutor Lon Arend, foreground, delivers his closing argument in the penalty phase as defendant Michael King, second from right, sits with attorneys at the defense table

Prosecutor Lon Arend argued to the jury that King's actions in committing the murder of 21-year-old Denise Lee were heinous, atrocious and cruel. Arend described how King was abducted from her home and taken to King's home where she was then raped. Lee was was in the back of King's car and saw the shovel that King got from his cousin. The dramatic 911 call, from Lee herself using King's cell phone, came with her knowing that shovel was in the car with her, Arend told jurors.

Lee was taken to the woods, stripped naked and with one shot to the front temple of her head was shot dead. There is no evidence, Arend argued to the jury, that Lee had duct tape over her eyes. She saw everything up to and at the time of her death.

Public defender Carolyn Schlemmer started off her closing argument by telling the jury that regardless of their finding of aggravating circumstances, they are never required to return a recommendation of death. Schlemmer told them that a vote for life would mean King, now a convicted murderer, would take his last breath in a Florida state prison, and it doesn't diminish the loss of the precious life of Denise Lee.

The lead attorney urged the jury to focus on the entire life of King, one that included a life of non-aggressive behavior, being a good husband, father and boyfriend. She said witness testimony showed King exhibited good character traits during his life, a good record and background. Balance that, Schlemmer said, with the one "terrible, terrible day."

King's attorney also argued that harshest penalty is not appropriate because of the defendant's below average intelligence. There was no way he could calculate such a cold-hearted, pre-meditated murder. Schlemmer told the jury King would not have had the cognitive ability to murder Lee and plan to evade arrest.

The defense concluded by re-emphasizing the non-violent life of King and that nothing prior to January 17, 2008 contradicts those realities.

-Jean Casarez, In Session correspondent

Filed under: Uncategorized


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Nikalette   September 4th, 2009 2:30 pm ET

The defense attorney, for those of us that want the death penalty for King, is really a boon for the prosecution. She comes across so unlikeable, so hostile, so sarcastic and arrogant, that she will garner no sympathy, if any were possible.

I think she is a very poor defense attorney. Who was one of the most successful defense attornies of all time? Jerry Spence, who was likeable, homespun, relaxed, kindly, personable and of course, brilliant.

I actually have to mute the sound of this defense lawyer because of her high-pitched sarcastic tone.

I give the jury 1 hour to come back with the death penalty....I guessed 2 for the verdict.

Kathie   September 4th, 2009 2:38 pm ET

Jami is crying the blues for the creepy murderer.

T. Burrows   September 4th, 2009 2:39 pm ET

The defense did not want the jury to be influenced to recommend the death penalty this is why she wanted them to "follow the law" in making their recommendation.

janice from pittsburgh pa   September 4th, 2009 2:40 pm ET

I strongly oppose the death penalty only because 2% of people found guilty are actually innocent. The Lee family should be pleased that this man will be punished for this crime. In Bridgeville PA, a few weeks ago a man walked into LA fitness club, walked into a womans dance class room and turned out the lights and opened fired. Injuring 9 women, one being pregnant, and killing 3. One of the three women that got killed was my aunt hedi overmeir. The gunman killed himself before police even got there. This act of violence has left my family with so many questions and they will never be answered because he killed himself. This family should be greatfull that micheal king will pay for this crime. Because this may give them closure. Where as my family will NEVER get closure for the tragedy has occured.

Misha ben-david   September 4th, 2009 2:50 pm ET

Is it not unusual for a jury to vote for death, unanimously ?

Lori C.   September 4th, 2009 2:52 pm ET

I saw the details of this crime on Dateline. It was so cruel and heartless how this jerk of a monster kidnapped the victim right out of her own home. Ms. Lee's quick thinking fight for survival. I could care less that this perp never committed a crime up until this incident, with a crime of this nature, so cruel and calculating I don't buy it that he's never committed a crime before just nothing the public is aware of. He deserves the death penalty for sure, no other punishment fits the crime. He gave her the death penalty now let's return the favor and give it to him too.

Sharon LaPlant   September 4th, 2009 2:52 pm ET

"Arend described how King was abducted from her home and taken to King’s home where she was then raped"

Someone needs to go back and changed this above statement. It is an insult to the family of Denise Lee for her to be called "King". Also, in the same article, it states that Mrs. Lee's eyes were duct taped but she could see everything. How is that possible? Either her eyes were duct taped and she was not able to see. Or her eyes were not duct taped. Which is it? I read that duct tape was still on the back of her head but it did not mention duct tape across her eyes.

Allan   September 4th, 2009 3:13 pm ET

Jamie Floyd gave the same incorrect interpretation of "an eye for an eye" that many people have. She should know better. No one had to put out their own eye as she said.

"An eye for an eye, a tooth for a tooth" requires that punishment not be excessive but consistent with the crime no matter the rank or prominence of the individual injured. In other cultures, someonewho caused the lost of an eye to a person of high level could be put to death.

The punishment was monetary. Iinsurance companies today who provide accidental injury coverage place a value on a limb, eye , etc. and pay that amount to an injured policy holder. In Biblical times courts set the values and the injured party was entitled to that amount in monetary compensation. Gold, silver, sheckels, call it what you will, but don't say it refers to an actual eye or tooth.

John Lennon   September 4th, 2009 3:27 pm ET

I don`t think the death penalty scares these criminals cause they know, after their convicted and sentenced, they know their going to lay around for another ten or fifteen years before their put to death. I don`t know the reason behind that but i think if they get rid of these criminals the day after sentencing they might think first before they commit these crimes. After being in Viet Nam and having no choice but to kill or be killed, even at that, it`s not a good feeling so i don`t understand how these people can take a life and feel no remorse what so ever!!! I found it disturbing to watch Mr. King sit there with no expression on his face at all. I thought he would show some facial expression when they recommended death but nothing!!! Well now it`s up to the judge.

Yvonne Duffy   September 4th, 2009 3:39 pm ET

An eye fir an eye, and let see how bad he is in jail the rest of his. He act like animal. He is not person he is aniamal In the Bible we have to forgive everybody. But can't foregive Michael King.

Nancy Brewster   September 4th, 2009 4:16 pm ET

If the Judge has the right to full fill the Jury’s Verdict. Will he pass the sentence or will he give him life which in time can have some law passed or he gets clemency and be released to commit another monstrous crime and claim headachs from an injury 30 + years before. I pray the Judge will take the Jury’s reccomendation and give him DEATH. Denise didn’t get this luxury. She witnessed her own exicution. But we MUST have compassion for him. She begged for her life. But he was in control and he showed her how much compassion he showed her.

wayne Deja   September 4th, 2009 4:49 pm ET

JUSTICE SERVED!!!!!! God bless Denise Amber Lee and her family...

Azidonis   September 4th, 2009 6:00 pm ET

Death penalty. This Michael King is the worst type of person. Period. He doesn't deserve to live. I agree, there have been mis-sentences of the death penalty, but this isn't one of those cases. If someone kidnapped, raped, and murdered my daughter either the courts would put them to death or I would find a way to. Plain and simple. I'm glad the jury decided on the death penalty. Personally, I think that the family of this sick-o should have to pay for all court costs, room and board while he sits in prison, and execution costs. Otherwise this vile human is basically living/mooching off our tax dollars. Put some responsibility onto his family. That may help stop such an atrocity in the future. For all of you people saying "only God may judge"... Are you saying that a young woman full of life with two children having that absolutely ripped from her as she was mutilated and killed, is God's work? Was that "God's" judgment on her? If you say it was, then I really hate to meet your God, and it's sentiments like you have displayed which have maimed this civilization for the last 2,000 years.

CyndiJJ   September 5th, 2009 9:18 am ET

Forgot to ask if any one knows if the jury is speaking?

If so, could you direct me to where I could watch?

Not that I'm going to get an answer, but I'm so curious about that question they sent the judge just before their verdict!

Jack Dering   September 5th, 2009 12:10 pm ET

To say that Michael King is an animal is an insult to animals. They don't do the evil things that men do. They only kill for food or to defend themselves.

Miriam   September 5th, 2009 1:03 pm ET

With him being on death row he will be separated from the general population......Alone in his little cell waiting his fate in about 20 years after all appeals have been gone through. So he really get both a life sentence and a death sentence. His family may get to visit him for 20 years. The death sentence is not instant it is long and drawn out.

Tim Talcott Sr.   September 6th, 2009 8:03 am ET

The Best Defense:

I’ve been watching the Michael King case and listening to viewer comments. The emotional response to this very horrifying murder is to be impatient with the defense of Mr. King.

I want to offer an opposite point of view.

Your viewers may not embrace the fact that the same rights which are being extended to this man are available to them if they should ever find themselves in a similar circumstance.

Perhaps they could consider that the protection provided by these laws is a two way street. Not only is the defendant protected, but society is also more secure because of these laws.

Whenever an innocent person is convicted of a crime that means a criminal is free among us to commit another crime.

A practical working system can not pick and chose when to follow the rules of law in protecting a person who has been charged with a crime and when to defer to our emotions.

Tim Talcott
Macon, GA

Amy Whelan   September 7th, 2009 12:58 am ET

I'm grateful that Michael King got the death penalty. My heart goes out to the family of Denise Lee. I admire her courage, and her bravery. Michael King deserves to be tortured the same way he tortured Denise.

Vicki Mitchell   September 8th, 2009 2:53 pm ET

I'm glad that the jury decided on the death penalty. My only wish is that he be totured the way he tortured Denise Lee before he looks death in the face. A simlpe injection seems far to humane.

Mike   September 9th, 2009 10:35 am ET

Let the father and husband have 10 minutes with this man....That's justice

Linda Hopkins   September 10th, 2009 1:15 pm ET

I was watching a few minutes of the Prosecution close re:Darrius Lewis. I had to turn it off, I was so angered. I am a Licensed Psycho-Educational Specialist who has worked with teens for over 30 years as a School Psychologist–many of those years where the African-American school population was 60%. I have never seen such a miscarriage of justice. I can only pray that the jury sees through this. The Prosecutor sarcastically commented that Darrius casually said that his sister "had a nightmare of something". That only reflects the initial shock and denial that the kid was experiencing.

This is a great kid; high grades, good attendance, encouraging mother, in band (very time consuming), has a job, and cares for his ill mother. This is not to mention the lousy crime scene processing that the police did, and that the alibi witnesses were a bunch of black kids.

I'm sorry, but I see another ho-hum black-on-black crime, we've invented a suspect, case closed. It makes me sick. Incidentally, I am a 72-year-old woman.

Dominic   September 25th, 2009 3:53 pm ET

I work in a division of the criminal justice system where a large part of my job is representing inmates on death row facing execution for one crime or another.

Despite this, I am no crusader, and I support the death penalty if it is clearly and consistently applied and supported by the law and substantial evidence. Some crimes are so heinous and despicable, there is no solution but execution.

But I do grow weary of reliance on jailhouse snitches and shady criminalistics work and sloppy "tunnel visision" investigations. Until these systemic problems are reformed, there will always be a taint on capital punishment.

Jamie   October 1st, 2009 7:40 pm ET

I believe that they say that most criminals have the a lower intelligence than most. I believe so. I think this man knew what he was doing. He may have had a lower intelligence but that does not mean he is mentally retarded. If he was a kind man his WHOLE life then why is it just this one time he goes psycho?? Makes no sense. The defense LOVES to make someone look good, its their job. They can't go in there saying oh, he was angry fro 2/3 of his life. No, that is grounds for a new trial. NOT GOOD. he deserves what he gets. Just because he doesn't have a high intelligence doesn't mean he doesn't know whats right or wrong.

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