Rene Stutzman
Sentinel Staff Writer
September 5, 2008
SANFORD
A judge on Thursday talked murderer Andrew Allred out of firing his attorney.
Allred, 22, of Oviedo cyberstalked his estranged girlfriend, then got a gun and on Sept. 24, 2007, went after her. He forced his way into an Oviedo house and shot and killed Tiffany Barwick, 19, and her friend Michael Ruschak, 22, a University of Central Florida student who lived there. He wounded a third person.
Allred pleaded guilty in April to two counts of first-degree murder and other charges from that night. Since then, he has complained repeatedly that his case has not moved through the court system fast enough.
He still faces the penalty phase of his trial, when a decision will be made on whether he should be executed or sentenced to life in prison without the possibility of parole.
Allred did not say Thursday that he wants to die, but in a letter to the Orlando Sentinel in July, he wrote: "I've been pro-death penalty for as long as I can remember, why should my opinion change now that I'm facing the death penalty?"
He also wrote that Florida's execution method -- lethal injection -- is too gentle.
"Lethal injection doesn't scare anyone," he wrote. "We should bring back guns and rope and have public executions. . . . If I were given the option, I would want to be executed via guillotine."
Allred entered the guilty pleas against the advice of his attorney, Assistant Public Defender Tim Caudill.
He also in May requested and was granted the right to not be present for the penalty phase.
It was not clear Thursday whether that was still his intent.
Thursday's hearing lasted 10 minutes, and Allred said little. He looked far different, though, than the pudgy-faced 21-year-old who was arrested a year ago. He now is thin and wears a bushy, unkempt beard.
Circuit Judge O.H. Eaton Jr. told Allred that he understands the defendant's frustration but insisted that he has an obligation to hear evidence that might result in a life sentence.
Dismissing his attorneys, the judge told Allred, "is not going to speed up this case. It's going to slow it down."
Even if Allred served as his own attorney and offered no evidence at the penalty phase, Eaton said, he would appoint a special attorney, answerable to the judge, to investigate and present evidence on Allred's background and mental health.
One psychologist has evaluated Allred. Word of her findings was not available. He is still to be evaluated by a second, one hired by the state, Caudill said.
Eaton set the penalty phase of the trial for Sept. 22.
Allred agreed to stick with his attorneys "if we can get it done soon."
Rene Stutzman can be reached at rstutzman@orlandosentinel.com or 407-650-6394.
Sentinel Staff Writer
September 5, 2008
SANFORD
A judge on Thursday talked murderer Andrew Allred out of firing his attorney.
Allred, 22, of Oviedo cyberstalked his estranged girlfriend, then got a gun and on Sept. 24, 2007, went after her. He forced his way into an Oviedo house and shot and killed Tiffany Barwick, 19, and her friend Michael Ruschak, 22, a University of Central Florida student who lived there. He wounded a third person.
Allred pleaded guilty in April to two counts of first-degree murder and other charges from that night. Since then, he has complained repeatedly that his case has not moved through the court system fast enough.
He still faces the penalty phase of his trial, when a decision will be made on whether he should be executed or sentenced to life in prison without the possibility of parole.
Allred did not say Thursday that he wants to die, but in a letter to the Orlando Sentinel in July, he wrote: "I've been pro-death penalty for as long as I can remember, why should my opinion change now that I'm facing the death penalty?"
He also wrote that Florida's execution method -- lethal injection -- is too gentle.
"Lethal injection doesn't scare anyone," he wrote. "We should bring back guns and rope and have public executions. . . . If I were given the option, I would want to be executed via guillotine."
Allred entered the guilty pleas against the advice of his attorney, Assistant Public Defender Tim Caudill.
He also in May requested and was granted the right to not be present for the penalty phase.
It was not clear Thursday whether that was still his intent.
Thursday's hearing lasted 10 minutes, and Allred said little. He looked far different, though, than the pudgy-faced 21-year-old who was arrested a year ago. He now is thin and wears a bushy, unkempt beard.
Circuit Judge O.H. Eaton Jr. told Allred that he understands the defendant's frustration but insisted that he has an obligation to hear evidence that might result in a life sentence.
Dismissing his attorneys, the judge told Allred, "is not going to speed up this case. It's going to slow it down."
Even if Allred served as his own attorney and offered no evidence at the penalty phase, Eaton said, he would appoint a special attorney, answerable to the judge, to investigate and present evidence on Allred's background and mental health.
One psychologist has evaluated Allred. Word of her findings was not available. He is still to be evaluated by a second, one hired by the state, Caudill said.
Eaton set the penalty phase of the trial for Sept. 22.
Allred agreed to stick with his attorneys "if we can get it done soon."
Rene Stutzman can be reached at rstutzman@orlandosentinel.com or 407-650-6394.
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