Supreme Court overturns death sentence for killer of Fort Lauderdale officer
By Jon Burstein Staff Writer Posted
December 17 2004
The Florida Supreme Court overturned convicted cop killer Jeffrey Lee Weaver's death sentence on Thursday, ruling that a Broward judge should have followed a jury's recommendation that the boat worker receive a life term.
Circuit Judge Mark Speiser improperly overrode the jury's 8-4 recommendation to spare Weaver's life for the January 1996 murder of Fort Lauderdale Police Officer Bryant Peney, the state's high court ruled. The decision marked the third time in Speiser's 21-year judicial career that the Florida Supreme Court has reversed a death sentence he has handed down despite a jury recommending life imprisonment.
The Florida Supreme Court ordered that Weaver's sentence be changed to life without the possibility of parole.
Weaver's appellate attorney, Richard Rosenbaum, said Thursday the decision was a relief, but vowed to continue fighting to get Weaver, 43, a new trial. The justices rejected Rosenbaum's arguments that Weaver's first-degree murder conviction should be set aside because, among other things, he was forced to wear a stun belt during trial and his first attorney was removed from the case.
"Whenever you get someone off Death Row, you have to be happy," said Rosenbaum. "I'm pleased that the jury's wishes were followed, but I'm disappointed because I think Jeffrey Weaver deserves a new trial."
Rosenbaum said he's ready to go to the U.S. Supreme Court to fight Weaver's conviction.
Peney's parents said Thursday they were content the Florida Supreme Court upheld the jury's guilty verdict, sparing them the ordeal of having to go through another trial.
"We were prepared for the decision," said Joel Peney, of Coral Springs, the officer's father. "The main thing was that he not get parole. Our chief concern was that he not get out. We would not want this to happen to anybody else."
Broward State Attorney Michael Satz, who personally prosecuted Weaver's case, echoed the family's sentiments in a prepared statement.
"We're pleased that the Supreme Court upheld the conviction of Jeffrey Weaver for his heinous murder of Officer Peney," Satz said. "Although we felt, as the trial judge did, that the death penalty was the appropriate penalty for this senseless murder, we understand the Supreme Court's rationale for its decision."
A jury convicted Weaver in May 1999 of shooting Peney, 27, during a nighttime foot chase on Federal Highway. Peney had seen Weaver lurking in some bushes and Weaver ran when he approached. After Peney started running, Weaver turned around and fired a single shot that made it through an armhole of Peney's bulletproof vest and severed a major artery. Peney died in surgery five hours later.
Peney was the second officer in Fort Lauderdale Police Department history to die in the line of duty.
Weaver, who earned his GED in jail, represented himself at his six-week trial after firing his second attorney when they butted heads over his defense.
Prosecutors previously had convinced Speiser to remove Weaver's first attorney from the case, successfully arguing that the lawyer's busy court schedule was unnecessarily delaying the trial.
Weaver maintained the fatal shot was fired by Ray Myers, a reserve police officer working with Peney that night. However, a ballistics expert testified that Peney's injuries were caused by a bullet fired from Weaver's .357 Magnum revolver rather than a hollow-point bullet fired from Myers' gun.
When jurors had to weigh whether Weaver should live or die, they heard from Weaver's family and friends and also considered that he had never been arrested for a violent crime prior to the shooting.
Raag Singhal, Weaver's attorney during his sentencing phase, showed jurors photos of Weaver giving away his youngest sister on her wedding day and one of Weaver holding his 7-year-old son.
The jury spent two hours deliberating before recommending that Weaver's life should be spared.
The Florida Supreme Court found that the jury heard enough testimony and evidence to support its finding. Speiser broke from existing case law by taking it upon himself to weigh the reasons why a death sentence was warranted as opposed to simply examining if there was a reasonable basis for the jury's recommendation, the court ruled.
Singhal questioned how a jury could be entrusted to reach the correct verdict, yet get overridden on its sentencing recommendation.
"It was sad the jury spoke and said life and he ended up being on Death Row for the last five years," Singhal said.
Peney's parents said the decision coming during the holiday season brings back strong memories.
"We only think of good things," said Eleanor Peney. "It's my faith in God that has me alright with the decision and alright with Weaver. We just know that no matter what happens, we will see Bryant again and we will be with him in heaven for eternity."
Jon Burstein can be reached at jburstein@sun-sentinel.com or 954-356-4491.
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