David Brener cited the Bush vs. Gore case in a motion last week asking the judge to eliminate the possibility of the death penalty because of inconsistencies in the way different state attorneys decide to seek the sentence.
In the 2000 Bush vs. Gore case, Brener noted, the U.S. Supreme Court criticized counties that had different standards for recounts and deciding what a legal vote was. He contends that standards for the death penalty are just as inconsistent.
The judge did not immediately rule on the motion in the case of nine people charged with killing two Cape Coral teens last year.
Brener's client, Kemar Johnston, 20, is charged with two counts each of first-degree murder, kidnapping and aggravated battery with a deadly weapon in the October slayings of Alexis Sosa, 18, and Jeffrey Sosa, 14. He is scheduled for trial June 18.
Cases are pending against seven others allegedly involved in the slayings. Johnston's girlfriend, Ashley Toye, 18, faces life in prison after being found guilty by a jury last week. Another defendant, Melissa Rivera, pleaded guilty and was sentenced to 20 years in prison, in exchange for her testifying against the others.
Alexis Sosa and Jeffrey Sosa were invited to Johnston's birthday party Oct. 6 and were found the next day in an industrial park after being beaten, tortured, shot and burned in and near their car.
