“Attorneys appeared in court this morning for the final hearing before convicted Lords of Chaos ringleader Kevin Foster will make his return to a Lee County courthouse.
Attorney Terri Backhus of Tampa argued against the state’s request for any e-mails between deceased public defender Robert Jacobs and psychiatrists who evaluated Foster before the penalty phase of his trial. He was sentenced to death in 1998 by a 9-3 vote. (Published in Fort Myers News-Press; 3/4/11)Lee Circuit Judge Edward Volz Jr. ordered that the Public Defender’s Office dig up any e-mails between Jacobs and the two psychiatrists who treated Foster. Deputy public defender Kathleen Fizgeorge told Volz she doesn’t know how long that would take, but said it would be “quite a big project.” Volz told her to have it done by March 15. Foster is scheduled to appear in court April 26.
Of the 11 issues Backhus attempted to bring up in an effort to spare Foster’s life, only one has survived — that Foster’s attorneys didn’t do enough research for the penalty phase of his trial. The penalty phase is a mini trial in which attorneys try to convince a jury to either recommended life or death for a person convicted of first-degree murder. The guilt phase is the trial during which evidence is presented to prove a person’s guilt or innocence.
Backhus believes Foster suffered organic brain damage, an issue that wasn’t properly explored by his defense attorneys.
Foster, now 33, was a teenager in 1996 when he and three other Riverdale High School students conspired to kill band director Mark Schwebes. Their plan of vandalizing the high school on the night of April 30, 1996, was foiled when Schwebes, 32, caught Christopher Black and gang member wannabe Thomas Torrone loitering, took their vandalism tools and said he was going to report them at school the next day.
The group drove to Schwebes’ home, where Foster forced Derek Shields to knock on the door. Foster stepped out of the shadows and shotgunned Schwebes in the face, then he shot Schwebes again in the buttocks after he fell to the ground.”
“I have said this to you, so that in me you may have peace. In the world you face persecution. But take courage; I have conquered the world!’ ~ John 16:33
- Lords of Chaos convicted killer gets clemency denied (barefootpreachr.org)
- Lords of Chaos – Ever just have one of those kind of weeks? (part 2) (barefootpreachr.org)