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Lawyers for Kimberly Lucas push back against potential for death penalty

Posted at 6:15 PM, Jul 21, 2016
and last updated 2016-07-22 06:12:31-04

There was more legal wrangling Thursday in the case of Kimberly Lucas.

A recent Supreme Court ruling may play a major role leading up to the trial.

For the second time in less than six months, the judge held off on making a decision about the potential use of the death penalty.
 
The state filed paperwork outlining their intention to seek the death penalty in the upcoming trial.
 
But since then, the Supreme Court ruled that Florida’s death penalty was illegal.
 
A new law passed in March in Florida changed the process, giving more power to jurors.
 
As a result, the state’s original death penalty paperwork was thrown out.
 
Now the state will have to re-file that notice of intent, and give Lucas’s attorneys a chance to respond, before the judge determines whether or not the death penalty remains on the table.
 
This is the latest twist in this 2-year-old murder case. The state claims Lucas drowned her partner’s 2-year-old daughter in 2014.
 
Since then, there have been several developments, including Lucas changing her lawyer. 
 
Family and friends of that 2-year-old girl’s family describe the entire process as “frustrating”

Attorney Jim Eisenberg spoke on behalf of the mother of the 2-year-old, Jacquelyn Jamason.

“It’s a big issue in the courts, and we were expecting some sort of ruling, and we’re not getting it,” Eisenberg says.

“Ms. Jamason is frustrated, this has been a long case, it’s been going on a long time. She’d like to see it over with.”

The trial is still set to start in January.

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