Steele sentencing: defense's closing
DADE CITY -- Assistant Public Defender Bob Focht delivered the defense's closing argument in the Alfredie Steele Jr. sentencing hearing Friday. This is the argument that helped sway the jury to spare Steele's life, and recommend a sentence of life in prison for fatally shooting Pasco sheriff's Lt. Charles "Bo" Harrison in 2003.
The defense had already conceded one of the aggravating factors the state listed: that Harrison was on duty when he was slain.
"The state had indicated to you there are two aggravators. Lt. Harrison was on duty and this crime was committed in a cold, calculated and premeditated manner. As you will see from the instructions, it is not cold, or calculated, or premeditated. It is that it wass cold and it was calculated and it was premeditated and each must be proved beyond and to the exclusion of every reasonable doubt.
"The state would submit to you that this cold and calculated and premeditated plan began to be played out on the night of May 31, 2003. There is absolutely not one strap of evidence that Mr. Steele knew or had reason to know that any police officer, let alone Lt. Harrison, would be there waiting for him to bring fruit to his plan. If that is the case then what you have out at the cook shed is a guy shooting a gun. A drunk shooting a gun. And nothing more.
"The state has to prove to you that there is a plan, beyond and to the exclusion of a reasonable doubt. The state will then submit to you that as part of the plan (at this point the victim's son, Charles Harrison Jr., the only family member able to remain throughout the trial, has to leave the courtroom) that somehow he knew he was going to have this opportunity to enact his plan, that he was drinking to screw up his courage. That was part of his plan, other than a 19-year-old drinking.
"The definition for you means that cold means the murder was the product of a calm and cool reflection. And that it was calculated means it was a careful plan for a prearranged design to commit murder. Without some knowledge, some reason to believe there was a police officer going to be there who would somehow come into his sights that night, what is there but pure speculation?
"What substantial period of reflection is established by the evidence or can even be inferred by an inebriated 19-year-old who comes out of the club and sees the police officer? I submit to you that that aggravated circumstance did not exist and should not be relied upon you as you sit here today.
"If you determine that one or more of the aggravators have been established, you must reach the decision that if one or more of the aggravators themselves warrants the death penalty without looking at another thing. And if you do not, your inquiry is over, and the recommendation is life.
"What was he doing? Sitting back, throwing back drinks to get progressively stronger so he could commit his plan to commit premeditated murder? That fact undermines any thought that there was a plan."
Focht asks for a bench conference. Both sides huddle with Senior Circuit Judge Robert Beach, who then announces to the jury that Steele has no criminal record -- prior to Thursday's first-degree murder conviction, that is.
"If you would find the aggravator or aggravators justified in the imposition of the death penalty, then you must consider the mitigating factors for Mr. Steele. His background, the crime itself ...
"... As the court will indicate to you (Steele) has no criminal record. This is not someone who ran wild. All but those unholy seconds, these few minutes of his life, has he done anything wrong except for this disaster.
"You may also consider from the evidence whether Mr. Steele was under the influence of extreme mental or emotional disturbances. I would submit that that what has been implied as motive, the last in the series of violent deaths of friends and family members. This is not a justification. But it is an explanation for the total irrationality of his act. And lastly, the capacity of Mr. Steele to appreciate the criminality of his conduct or to conform his conduct or to conform his conduct ..."
"To one degree or another every witness who saw him that night said he was intoxicated, from drinking too much.
" 'Fredie got along with everybody, and possibly one of the most telling of these other factors is that in his own home as a child, as a burning cross is put in his yard, as his home is assaulted, his reaction is to reach out to the community. This is a young man who has manifested the ability to reach out to people, which is what makes this all the more horrific.
"From jail facing trial on charges that could cost him his life, he helps a family member in counseling a cousin. At school, the phrases that were used by two of the teachers, ' 'Fredie being 'Fredie' and 'the same 'Fredie anywhere ...
"In the horror of life in prison, he will in fact bring a helping hand. If for no other reason than that, I would ask you to spare his life.
"He's polite. See the way he behaved here? ... other than these few minutes of aberration the only thing you can say about Alfredie Steele is he's just a nice kid."
As Focht looks into the courtroom gallery it is divided into two halves. On his right, Harrison's family. On his left, Steele's family.
"Probably the most horrifying and heartbreaking, the most destructive part of this whole chain of events is that if Lt. Harrison's picture wasn't here, that whole family (Focht stretches out his hand to the Harrison family) would be over there. And if Alfredie Steele was not over there (the lawyers reaches out to Steele's family) that whole family would be over here. That is just a disaster for these people.
"The death of Alfredie Steele would serve nothing."
-- JAMAL THALJI

