OSCEOLA COUNTY, Fla. — An Osceola County judge will rule on several last-minute motions Monday in the case of a man convicted of murdering two Kissimmee police officers.
A jury found Everett Miller guilty of murder almost two months ago for the deaths of officer Matthew Baxter and Sgt. Sam Howard. The sentencing phase to decide whether Miller gets the death penalty or serves life in prison is scheduled to begin Tuesday.
But before then, both sides are trying to get information included or tossed out.
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The defense wants the judge to block the state from using any of the video and photos from the officers' funerals.
The state argued they will be showing a limited amount - including two videos and 34 pictures.
“That, in their opinion, is excessive and it may arguably play on the emotions of the jury,” said Channel 9 legal analyst Bill Sheaffer.
The defense also wants to strike a few pieces of testimony from a witness regarding Miller’s character, claiming the testimony is irrelevant and outdated.
Prosecutors have also filed a motion hoping to limit the details provided about Miller's military background.
"The defense wants as much information about his military background as possible. Those are mitigating reasons to ask the jury not to impose the death penalty," Sheaffer said.
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