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Filing # 104197945 E-Filed 03/02/2020 04:39:43 PM



CASE NUMBER: 2017 CF 826 A





Defendant MARKEITH LOYD, through his undersigned counsel, pursuant to the Sixth,
Eighth and Fourteenth Amendments to the United States Constitution, corresponding provisions
of the Florida Constitution, respectfully moves this Court to extend the time period to take
depositions the expert and lay witness list as required by the Amended Case Management Order
dated December 16, 2019 and subsequently modified December 18, 2019 orally by the Court. In
support of this Motion, counsel states the following:
1. Mr. Loyd is facing the death penalty if convicted for first-degree murder.
2. This Court ordered that deposition be taken of defense witness by March 16.
3. On this date Dr Jethro Toomer was listed as a defense witness that will testify
pursuant to Florida Rule of Criminal Procedure 3.216 that the Defendant was insane
at the time of the shooting of Officer Clayton.
4. Below signed counsel has provided an exhaustive list of material which counsel
believes Dr Toomer may rely on in his opinion. This includes:
a. Trial video footage of witnesses and transcripts from both 1st and 2nd phase of
the Dixon trial.
b. Facebook material which amounts to over 30,000 pages. (Dr Toomer was
provided a 178 pages directory of those records which amounts to close to
100,000 words to assist him –items pasted and organized)
c. Police reports and other relevant Discovery.
d. Video footage from the Walmart.

5. Although Dr Toomer has formulated an opinion he continues to review the
exhaustive material including the Facebook material.
6. The Defendant has also listed a new video expert which needs to be deposed.
Moreover Anna Cox, crime scene expert has done additional work and will need to
be deposed by the State as will Pat McKenna and Firearms Expert Christopher
7. Additionally below signed counsel has approximately eight depositions to take not
including victim impact witnesses (the state listed four) Most of these witnesses have
been recently listed by the State.
8. As the Court is and opposing counsel is aware, below signed counsel will be in trial
in Brooksville for a period of two to three weeks beginning March 9, 2020. (see
Notice of Unavailability filed February 29, 2020)
9. Counsel must be present for the depositions of witnesses reference above and the
3.216 evaluation of the Defendant. (Moreover depending on the witness chosen by
the State to do the 3.216 evaluation, counsel will need to litigate videotaping of the
evaluation and other issues related to that particular expert.)
10. As such, below signed counsel requests the deposition deadlines be extended from
March 16 to twenty days from the completion of the Hildwin trial. This would
include the State’s 3.216 expert. This would be April 16th.
11. Moreover Counsel hereby notifies the Court that because of the Florida Rule of
Criminal Procedure 3.216 issue being part of jury selection, this matter will expand
both the length of jury selection and the number of Venire needed. The Dixon jury
selection amounted to nine days with the trial lasting five days. Counsel believes that
several additional days of jury selection may be necessary in conjunction with the
Dixon case having been tired within the last seven months preceding to the Clayton
jury selection.
Effective representation of defendants in death penalty cases requires the expenditure of

extraordinary amounts of time, effort, and resources. Death is different: it is the one act that is

wholly and incontrovertibly irreversible. As such, it is absolutely imperative that defense counsel

be afforded the entirely necessary and adequate opportunity to prepare their defense in this case.

Because a death penalty case is different in kind than any other issue before the courts,

the standards of practice and preparation in death cases differ greatly from those of other legal

matters. The breadth and depth of the preparation, investigation, and mitigation that must be

undertaken in death penalty cases is unmatched in our courts.

At every stage of the proceedings in a death penalty case, counsel has a duty to

thoroughly, independently, and effectively investigate all aspects of the case relating to both

penalty and guilt phase. American Bar Association, Guidelines for the Appointment and

Performance of Defense Counsel in Death Penalty Cases, Revised Edition, February 2003 (ABA

Guidelines), 10.7(A).

Counsel is under a duty to thoroughly investigate all aspects of a case as it relates to the

penalty phase. ABA Guidelines 10.7 Commentary. Counsel must investigate anything that

potentially may be used as mitigating evidence during penalty phase. See Eddings v. Oklahoma,

455 U.S. 104 (1982); Lockett v. Ohio, 438 U.S. 586 (1978). Failure to investigate and present

substantial mitigating evidence during penalty phase may itself be grounds an ineffective

assistance of counsel claim. See Williams v Taylor, 529 U.S. 362 (2000).

Counsel bears ultimate responsibility for the performance of the defense team and for

decisions affecting the client and the case. This includes assurance of a complete investigation

using all mental health experts.

The requested extension is needed in order for Defendant to be afforded a reasonable

opportunity to have all necessary mitigating evidence developed and prepared for the penalty

phase trial. Lastly, the extension requested herein will in no way prejudice the State..

WHEREFORE, the Defendant respectfully requests that this Court enter an order

granting this motion and extending the deadline as requested herein.


I HEREBY CERTIFY that a true and correct copy of the foregoing motion was served via

Efiling notification on the Office of the State Attorney on March 2, 2020.

Respectfully Submitted,

s/Terence M. Lenamon
Terence M. Lenamon, Esq.
Florida Bar No. 970476
245 S.E. 1st St.
Suite 404
Miami, FL 33131
p. 305-373-9911
f. 305-503-6973