By LARRY KELLER
Palm Beach Post Staff Writer
Thursday, August 28, 2008
WEST PALM BEACH — Attorneys for Jason Shenfeld, charged with the strangulation murder of college-bound softball player Amanda Buckley, gave the first hint Thursday of the defense they may employ: Rough sex gone bad.
They'll have a lot of time to prepare. Circuit Judge Krista Marx set a trial date of March 2, 2009.
During a court hearing at which they sought approval of a public state agency paying for various experts on Shenfeld's behalf, defense attorneys said they have had trouble obtaining Buckley's cell phone records for the month-long period up to her death, as well as MySpace records for July 21, 2007, the day she died. She logged into her MySpace page twice that day, around 4 a.m. and 1 p.m., said attorney Brian Gabriel.
Gabriel said the defense is looking for evidence that Buckley, 18, had consensual sex with Shenfeld, 27, and was aware that he had been accused in November 2006 with sexual assault by two women who were ages 18 and 19 at the time. Why?
"They want to assert rough sex gone bad," said Circuit Judge Krista Marx. Gabriel and co-counsel Bryan Raymond, didn't deny it.
Shenfeld was arrested in connection with the November 2006 incident, but prosecutors said the women told conflicting stories and opted not to prosecute.
Prosecutors in Buckley's murder case, however, are mulling a move to perhaps have the women testify against Shenfeld in their case. Florida law allows testimony about a defendant's prior crimes or bad acts if the evidence it elicits shows a behavior pattern by the defendant suggesting that the current alleged crime was no accident.
A hearing would have to be scheduled before that could happen, and defense lawyers would certainly vigorously oppose any attempt to allow the women to testify about Shenfeld's actions with them.
Shenfeld has private attorneys, but early in the case was declared indigent for costs. His lawyers got approval on Thursday to hire - at public expense - a neuropharmacologist (cq) to determine the amounts and effects of the trace amounts of drugs found in Buckley's system.
They also were allowed to hire a confidential medical examiner to analyze autopsy and toxicology reports, and a confidential neurologist to evaluate Shenfeld for any brain impairment due to head injuries.
The findings of the latter expert might be used by Shenfeld's attorneys in the sentencing phase of the case if he is convicted of first-degree murder. Prosecutors are seeking the death penalty.
Palm Beach Post Staff Writer
Thursday, August 28, 2008
WEST PALM BEACH — Attorneys for Jason Shenfeld, charged with the strangulation murder of college-bound softball player Amanda Buckley, gave the first hint Thursday of the defense they may employ: Rough sex gone bad.
They'll have a lot of time to prepare. Circuit Judge Krista Marx set a trial date of March 2, 2009.
During a court hearing at which they sought approval of a public state agency paying for various experts on Shenfeld's behalf, defense attorneys said they have had trouble obtaining Buckley's cell phone records for the month-long period up to her death, as well as MySpace records for July 21, 2007, the day she died. She logged into her MySpace page twice that day, around 4 a.m. and 1 p.m., said attorney Brian Gabriel.
Gabriel said the defense is looking for evidence that Buckley, 18, had consensual sex with Shenfeld, 27, and was aware that he had been accused in November 2006 with sexual assault by two women who were ages 18 and 19 at the time. Why?
"They want to assert rough sex gone bad," said Circuit Judge Krista Marx. Gabriel and co-counsel Bryan Raymond, didn't deny it.
Shenfeld was arrested in connection with the November 2006 incident, but prosecutors said the women told conflicting stories and opted not to prosecute.
Prosecutors in Buckley's murder case, however, are mulling a move to perhaps have the women testify against Shenfeld in their case. Florida law allows testimony about a defendant's prior crimes or bad acts if the evidence it elicits shows a behavior pattern by the defendant suggesting that the current alleged crime was no accident.
A hearing would have to be scheduled before that could happen, and defense lawyers would certainly vigorously oppose any attempt to allow the women to testify about Shenfeld's actions with them.
Shenfeld has private attorneys, but early in the case was declared indigent for costs. His lawyers got approval on Thursday to hire - at public expense - a neuropharmacologist (cq) to determine the amounts and effects of the trace amounts of drugs found in Buckley's system.
They also were allowed to hire a confidential medical examiner to analyze autopsy and toxicology reports, and a confidential neurologist to evaluate Shenfeld for any brain impairment due to head injuries.
The findings of the latter expert might be used by Shenfeld's attorneys in the sentencing phase of the case if he is convicted of first-degree murder. Prosecutors are seeking the death penalty.
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