***Jury Recommends DEATH for Mark Sievers*** Penalty/Sentencing Phase

GEEZ says “file not found”. ????

 

I clicked on it again - and it came up for me...

 

Update on docket since I last posted it.


12/28/2020 Supreme Court Order Filed
Clerk to Supplement the Record by 02/05/2021 735 2

12/28/2020 Motion Filed
To Supplement the Record; Copy Of 736 5

12/28/2020 Directions to Clerk (Supplemental) Filed 737 2
12/28/2020 Designation to Court Reporter (Supplemental) Filed 738 3

12/29/2020 Transcript Filed
May 14th, 2019 - Confidential Until Further Order by the Court 739 30

12/29/2020 Other Document Filed 740 1

01/04/2021 Acknowledgement Filed 741 2

01/06/2021 Notice of Filing Filed 742 1

01/06/2021 Transcript Filed
February 27, 2016 743 13

01/26/2021 Certificate of Clerk 1
01/26/2021 Motion to Sever Defendants 2
01/26/2021 Order on Severance 2
01/26/2021 Motion Index 2
01/26/2021 Appeal Volume 1 60
01/26/2021 Appeal Index 2
01/26/2021 Appeal Volume 1 Index 1
01/26/2021 Appeal Volume 1 60
01/26/2021 Appeal Index 2
01/26/2021 Appeal Volume 1 Index 1

01/26/2021 Certificate Filed
Of Non-Existence 744 1

01/26/2021 Transcript of Record - Index of Appeal Filed
Fourth Supplemental Redacted 745 3

01/26/2021 Transcript of Record - Index of Appeal Filed
Fourth Supplemental Un-Redacted 746 3

01/26/2021 Record on Appeal Sent to Attorney General Fourth Supplemental Un-Redacted 747
01/26/2021 Record on Appeal Sent to 2nd DCA Fourth Supplementa; Redacted and Un-Redacted 748
01/27/2021 Evidence Custody Form Filed 749 1

02/02/2021 Acknowledgment Record on Appeal Receipt Filed
Public Defender 750 1

02/04/2021 Transcript of Record - Index of Appeal Filed
Third Supplemental Redacted (Corrected) 751 3

02/04/2021 Transcript of Record - Index of Appeal Filed
Third Supplemental Un-Redacted (Corrected) 752 3

02/05/2021 Appeal Volume 1 Index 21
02/05/2021 Appeal Index 14
02/05/2021 Appeal Volume 1 1963

02/08/2021 Appeal Index 14
02/08/2021 Appeal Volume 1 Index 21
02/08/2021 Appeal Volume 1 1966

02/08/2021 Transcript of Record - Index of Appeal Filed
Corrected First Supplemental Un-Redacted 753 15

02/09/2021 Appeal Index 14
02/09/2021 Appeal Volume 1 Index 21
02/09/2021 Appeal Volume 1 1966

02/09/2021 Transcript of Record - Index of Appeal Filed
Corrected First Supplemental Redacted 754 15

02/15/2021 Acknowledgment Record on Appeal Receipt Filed
Public Defender 755 2

02/17/2021 Evidence Custody Form Filed 756 1


link: https://matrix.leeclerk.org/Case/ViewCase

 

Hey Niner.... do you need to be logged into the clerk's office? I still get "file not found".
Haven't had much time to spend here in a while. We recently moved to Estero (just north of Bonita, FL) from KY. Best I can remember, seems like TS's office was here in Estero, though the family lived in Bonita. Estero sits just south of Ft Myers then Bonita's like just down the road a bit like they almost run together. Next is Naples, 30 mi south of Estero. I try to keep up when I can. Our daughter's very close friend & hubby were patients of TS. She was a great doc.
These appeals always go on & on. The sooner MS meets death, the better.

 

@msboo - no you don't have to be logged in. When you go into this link:

https://matrix.leeclerk.org/

On the top line - to the left - click on "Records Search" - then page down - and put in his first & last name - click on "I'm not a robot", then "Search" and his court case will come up. It is #3 - the open one.

Hope that helps!

 

Thnx Niner! That worked. From what I saw, and I took a snapshot, a 2/8/2021 doc shows... **CORRECTED**, RECORD ON APPEAL, FIRST SUPPLEMENTAL UNREDACTED, **The victim has opted into Marcy's Law**. NEXT, a 2/9/2021 doc shows the same EXCEPT it states "UNREDACTED".
MS defense is claiming MS is the victim... but of course (like the Grey Poupon mustard commercial used to say). I'm a dumbass at deciphering legal data.

 

MS's initial brief for his appeal got filed yesterday with FL Supreme Court. It's 173 pages long.

Don't know if direct links will work but will try.

Link to doc:
https://efactssc-public.flcourts.or...0-225_brief_140262_initial20brief2dmerits.pdf

Link to case:
http://onlinedocketssc.flcourts.org/DocketResults/LTCases?CaseNumber=225&CaseYear=2020

If they don't work it should be searchable from here:
Florida Supreme Court Docket Search by Case Number - Florida Supreme Court Docket

Summary of the arguments:
____________


Part i: errors in the convictions (i-xi)

Issue i: the trial court erred by sustaining objections to Sievers' closing argument and giving a judicial rebuttal to that argument

Issue ii: prosecutorial misconduct in the state’s rebuttal closing, where the prosecutor suggested that Curtis Wright would be polygraphed before his sentencing, violated Sievers' right to a fair trial

Issue iii: the trial court erred by allowing detective Lebid to opine on his ability to tell when Curtis Wright was lying

Issue iv: the trial court erred by allowing Curtis Wright’s testimony that he prayed before changing his story and telling the truth

Issue v: the trial court erred by excluding the video of Curtis Wright’s proffer and the clip from that video where the prosecutor discussed the involvement of wright’s wife

Issue vi: the trial court erred by prohibiting cross-examination of Curtis Wright on a possible sexual motive for the murder

Issue vii: the trial court erred by admitting the testimony of Kimberly Torres, Sievers' neighbor

Issue viii: the trial court erred by admitting gruesome autopsy photos that were not relevant to any issue in dispute

Issue ix: the cumulative effect of the trial errors requires reversal for a new trial

Issue x: the trial court erred by denying the motion for judgment of acquittal where Wright’s testimony was inherently unreliable and not competent evidence to support Sievers’ convictions

Issue xi: the trial court erred in denying the motion for judgment of acquittal on the conspiracy count where the state failed to prove that Sievers conspired with Rodgers


Part ii: sentencing errors (xii-xviii)

Issue xii: the state was statutorily precluded from seeking death where the prosecutor failed to give notice of any aggravating factor within 45 days of arraignment

Issue xiii: the prosecutor violated Sievers’ constitutional rights by urging the jury to reject the conceded statutory mitigator

Issue xiv: the trial court violated Sievers’ constitutional right to present mitigation by requiring redaction of his daughter’s letter

Issue xv: the trial court erred in allowing the state to present victim impact evidence to the jury, including the overly prejudicial made for-tv video of Teresa severs

Issue xvi: the trial court committed fundamental error by failing to hold a spencer hearing before imposing the death sentence

Issue xvii: where the only evidence supporting the conviction and the single aggravator is the codefendant’s uncorroborated testimony that conflicts with his pretrial statements and was induced through the state’s promise of leniency, the death sentence is unconstitutional

Issue xviii: proportionality review is an essential component of Florida’s capital sentencing system and necessary to avoid an arbitrary and capricious result; the sentence should be reduced to life because this is not among the most aggravated and least mitigated first degree murders

 

Prosecutors respond to Mark Sievers' request for appeal in murder conviction - NBC2 News

You have to wait awhile before the pages pop up.

 

This is surprising to me. But then I did not follow this case each and every day. Does anyone know if any of the jury has addressed this "financial gain" non-finding?

 

____________


Part i: errors in the convictions (i-xi)
Issue xiv: the trial court violated Sievers’ constitutional right to present mitigation by requiring redaction of his daughter’s letter

Does anyone remember what the daughter wrote?

 

Not to my knowledge. I had been quite surprised that they didn't think he killed her for the insurance or family assets. I think their accountant/financial planner (a woman who testified) who felt they needed more insurance must have swayed the jury. Otherwise, I am not sure why he would have had her killed, and, then pretended to forget that there was a large amount of insurance. BUT, he won't be getting any of that now that he is on death row...

 

This case is featured on HLN “Sex and Murder” premiering tonight. I haven’t watched it yet but just wanted to mention it.

 

Mark Sievers: Florida Supreme Court asked to overturn death ruling

 

Video for appeal. This case starts at about 1 hr 16 minutes

 

He’s a victim alright…
of not getting TS $300K Insurance payout.
A hammer. She was beat to death with a hammer …during which we found she asked “why?”

mOO

 

I'm a day late on this - but I'll post this anyway to keep my records straight! And I can shorten this up a bit too.

Tuesday, October 5th:
*Supreme Court Oral Arguments Hearing (re appeal) (@ am ET) – FL – Dr. Teresa Ann Grace Sievers (46) (June 29, 2015, Bonita Springs) – for *Mark D. Sievers (48/now 53) arrested & charged (2/26/16) & indicted (5/4/16) with 1st degree premeditated murder & conspiracy to commit 1st degree premeditated murder. Plead not guilty. No bond. DA will seek DP.
Trial began on 11/12/19 with jury selection, opening statements started on 11/20. Trial expected to last 5 weeks. Jury: 9 women & 3 men, with 2 alternates (1 is a man). Trial ended on 12/4/19 with closing arguments & jury started deliberations. Deliberations took about 4 hours 10 minutes – GUILTY of 1st degree premeditated murder & conspiracy to commit 1st degree premeditated murder.
12/10/19: Jury took less than 3 hours to reach a verdict in the penalty phase – recommended & given death penalty sentence.
Court info from 1/13/20 thru 2/18/20 reference post #1003 here:
***Jury Recommends DEATH for Mark Sievers*** Penalty/Sentencing Phase
3/4/20 Update: Supreme Court ordered that all transcripts and trial proceedings be unsealed to submit to them for Mark's appeal. April 8th is a status conference hearing re this matter. Sievers will NOT be transferred to the court.
4/8/20 Update: Motion re status on transcripts. Reset hearing when Defense counsel is present. Defendant no present; Regional Counsel not present. 5/13/20 Update: Sievers gets new appeal attorney Karen M. Kinney. 5/15/20 Update: Notice of substitution of counsel: Christina Z. Pacheco, Assistant Attorney General will sub for Scott A. Browne as lead counsel for Appellant.
5/26/20: Transcripts filed: 9; 6/1/20: transcripts filed: 4; 6/2/20: transcripts filed: 1, 6/5/20: transcripts filed: 1; 6/8/20 transcripts filed: 7; 6/10/20: transcripts filed: 3; 6/11/20: Designation of the Public Defender for the 10th Judicial circuit to handle criminal appeal Howard L. Dimmig, II. 6/22/20: Stipulation & request for supplementation of record filed.
6/28/20 Update: Acknowledged receipt of Record on Appeal filed. 7/6/20: Transcript (5/14/19) filed. 9/3/20: Transcript of Record sent to Attorney General second Supplemental un=redacted & redacted. 9/23/20 Acknowledgment Record on Appeal received. 11/9/20: Record on Appeal sent to 2nd DCA 3rd Supplemental un-redacted & redacted. 11/23/20: Memo: Acknowledgment/receipt of record on appeal.
12/28/20: Filed with Supreme Court-Clerk to supplement the record by 2/5/21. Motion filed to supplement the record. 1/6/21: Notice of transcript filed. 1/26/21: Motion to sever defendants; order on severance; motion index. 1/26/21: Fourth supplemental redacted. Record on appeal sent to Attorney General-4th supplemental un-redacted & to 2nd DCA. 1/27/21: Evidence custody form filed. 2/5/21: Appeal volumes filed. 2/8/21: Corrected first supplemental un-redacted appeal filed. 2/17/21: Evidence custody form filed.
3/22/21: Siever's initial brief for his appeal was filed 3/22/21 with FL. Supreme Court. See post #1028 here re issues:
***Jury Recommends DEATH for Mark Sievers*** Penalty/Sentencing Phase
3/29/21: Motion filed; Supreme Court Order filed (Clerk to supplement record by 4/13/21); Supreme court order filed. 4/1/21: Evidence custody form filed; appeal Vol 1 + index. 4/5/21: Fifth Supplement redacted & unredacted. Evidence custody form filed. 5/28/21: Answer Brief-Merits. State of Florida STATE by: AE Christina Z. Pacheco Answer. Brief of Appellee. 5/28/21: Motion-Brief. State of Florida STATE by: AE Christina Z. Pacheco. Unopposed Motion to Accept Enlarged Answer Brief. Summary of arguments see post #1028 here:
***Jury Recommends DEATH for Mark Sievers*** Penalty/Sentencing Phase
6/4/21: Prosecutors responded, requesting that the court uphold Sievers’ conviction. Supreme Court hearing for oral arguments on 10/5/21.
10/5/21 Update: Florida Supreme Court hears oral arguments in Sievers death penalty appeal. A Lee County jury recommended the death sentence for Sievers & Judge Bruce E. Kyle sentenced him to death in January 2020. Attorneys for Sievers filed the appeal with the Florida Supreme Court in February 2020. During Monday's hearing in Tallahassee, Sievers' attorney Kary Kinney & State prosecutor Christina Pacheco, the Florida assistant attorney general, were given time to provide evidence why the ruling should be overturned or stayed. Kinney argued that the state missed a deadline to add aggravating factors to their murder case which would in effect remove the death penalty aspect. She also brought up instructions from Kyle concerning a polygraph that was not given to Curtis Wayne Wright. Kinney said that the relationship between Wright & prosecutors was prejudicial. Kinney ended her portion of comments saying that without Wright's testimony, the State has no evidence that Sievers was involved in the murder of Teresa & errors that enhanced Wright's credibility gave his story more credence. Pacheco said nothing was hidden & there was nothing wrong with Kyle instructing the jury about the lack of a polygraph for Wright. The justices questioned both attorneys at length over the aggravating issues surrounding the filing deadline aspect. A spokesman for the Supreme Court said there is no timeline for a decision.
*Jimmy Ray Rodgers (28) – Trial 10/23/19: Jury found Rodgers guilty of second degree murder, not guilty of conspiracy, guilty of trespassing. Motion for new trial-denied. 12/12/19: Sentenced to life without parole. 1/6/20: Filed an appeal on sentencing.
*Curtis Wayne Wright, Jr. (41) - Took plea deal (2/26/16) plead guilty to 2nd degree murder; serving 25 years, waives all rights to appeal. Sentenced 2/10/20 Update: Victim impact statement: Mary Ann Groves (Teresa's mother). Wright is adjudicated guilty and sentenced to a 25-year prison term minus the time he already served. Wright is told to have no contact with the surviving family members of Teresa Sievers by the judge.

 

Florida Supreme Court hears Mark Sievers appeal (winknews.com)
On Tuesday, the Florida Supreme Court heard arguments from prosecutors and Sievers’ attorney.

Mark Sievers was not present for the hearing. He is on death row at Raiford Prison in Bradford County.

Kinney argued Wright was biased against Sievers because of the plea deal granted to him.

During the hearing, there was a big discussion about a video where Wright and prosecutors talked about the plea deal Wright accepted.

It could take months for the justices to release an opinion on whether Sievers should get a new trial.

There's more about this in the article.

MOO JMO

 

Somebody's Getting Desperate.

Mark Sievers' attorney files motion claiming new evidence should be considered

I'm with Professor Pamella Seay.

 

Agree! Does anyone have a copy of the actual motion, and does it have the actual letter? I'd be interested to see it, not that I'd credit anything Rodgers has to say.

 

There's a couple of filings from 8 Nov but it's not letting me view them, they do look like they should be viewable.

http://onlinedocketssc.flcourts.org/DocketResults/LTCases?CaseNumber=225&CaseYear=2020

Hopefully the link works.