Court stays trial in drowning of Jupiter toddler

Kimberly Lucas could get death if convicted.

WEST PALM BEACH — With myriad questions swirling around Florida’s capital punishment law, the 4th District Court of Appeal has stayed the upcoming trial of Kimberly Lucas, who could be sentenced to death if convicted of drowning her former Jupiter partner’s 2-yearold daughter and trying to kill her 10-year-old son.

The Florida Attorney General’s Offiffice asked the appeals court to delay the Jan. 26 trial after Palm Beach Count y Circuit Judge Charles Burton said he would not ask the jury to impose the death penalty against Lucas as state prosecutors wanted.

But, Burton declined to take the death penalty offff the table.

If Lucas is convicted and the legal issues are resolved, he said he would summon a n o t h e r j u r y t o d e c i d e whether t he 43-ye a r- ol d Jupiter woman should die for the May 2014 drowning of toddler Elliana Lucas-Jamason and alleged drugging of Ethan Lucas-Jamason.

In an appeal to the West Palm Beach- based appeals court, Assistant Attorney General Leslie Campbell s ai d Burton overstepped his powers.

“S u c h a r u l i ng was a n improper interference with the State Attorney’s discretion to try (Lucas’) case as a death penalty case,” she wrote. “Additionally, the trial court departed from the essential requirements of the law by refusing to develop new jury instructions.”

Noting that the Florida Supreme Court in October struck down a new st ate death penalty law as unconstitutional, Burton said he couldn’t simply write a new one.

Until a new law is passed, there is no way to sentence s o m e o n e t o d e a t h , h e said.

However, state judges else- where have taken difffffffffffferent views.

The state’s high court is considering t wo c ases in which judges have decided to fashion new ways to implement the death penalty.

Florida’s death penalt y was struck down by the U.S. Supreme Court in January 2016 because juries were only asked to make recommendations.

I t was u p t o j u d ge s t o decide if a person was sentenced to death.

T h e L e g i s l a t u r e t h e n passed a new law, requiring that 10 out of 12 jurors agree to impose death. The state Supreme Court rejected it, saying such decisions must be unanimous.

In staying Lucas’ trial, the appeals court gave attorneys until next week to explain whether her trial should be delayed until the Florida Supreme Court decides the pending cases. It could rule that Lucas’ trial should be held as planned.

Assistant State Attorney Terri Skiles said she is preparing for trial.

On Fr iday, she got the go-ahead to hire Dr. Wade Myers, a psychiatrist who is a professor at Brown University, to evaluate Lucas. Her attorneys are planning an insanity defense.