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The Florida Supreme Court upheld the murder conviction and death
sentence of Michael King on Thursday, calling his 2008 abduction
and killing of North Port mother Denise Lee "unquestionably cold
and cruel."
The ruling comes as part of a
mandatory appeal, where King's attorneys argued the former plumber
did not get a fair trial and the brain injuries he suffered as a
child meant he should not get the death penalty.
The story of Lee's Jan. 17, 2008 abduction and murder captivated
the Florida Supreme Court just as it did the Sarasota community
and the nation, from the frantic search for her that night to the
missed chances to save her, including a mishandled 911 call.
"As noted in the sentencing order, rarely is a court able to
experience first-hand what a deceased victim encountered," the
Florida Supreme Court wrote in the opinion released Thursday.
"In this case, anyone who listens to the 911 call placed by Denise
Lee will hear the abject terror she was experiencing plus her
panicked, frantic pleas to the 911 dispatcher (for help) and King
(to be returned home)."
The Florida Supreme
Court also cited the horrific details of the crime and wrote that
the court is "in complete agreement" that the death penalty was
appropriate in King's case.
Lee, 21, was cutting
her son's hair on the lanai of her home when King abducted her.
Her two children were left alone at the home. King, by all
accounts a stranger to Lee, bound her with duct tape and
repeatedly raped her at his home. He eventually fatally shot Lee
at point-blank range and buried her in a shallow grave in an
undeveloped section of North Port.
While
pleading for her life, Lee never said a four-letter word and never
expressed anger. She said "please" 17 times.
In
December 2009, the same jury that convicted King of abducting,
raping and killing Lee also recommended 12-0 that King, 40, die
for the crimes.
The appeal process is mandatory
because King was sentenced to death, and this was the first of
several chances King has to challenge his conviction.
By Todd Ruger
- HeraldTribune.com
Friday, December 4, 2009
SARASOTA - Circuit Judge Deno Economou this afternoon sentenced
Michael King to die for the killing of Denise Amber Lee after a
horrifying abduction and rape.
The judge sat
behind the bench and read his written ruling, about 45 pages that
detailed how he weighed all the aggravating and mitigating factors
that went into his decision.
In the end,
Economou declared that the aggravating factors that support a
death sentence outweighed the mitigating factors that could have
led to a sentence of life in prison. The judge considered King’s
low IQ, a past brain injury while sledding as a child, and the
fact he was depressed due to a relationship break-up and a
foreclosure on his home.
But the judge
ultimately placed more weight on the heinous, premeditated nature
of the crime, that Lee was kidnapped, and that she was murdered
during the course of other felonies including rape.
In the courtroom were Lee’s family, the law enforcement officers
that helped catch King and half of the jurors who convicted King
of first-degree murder in August.
Economou
delivered his sentence at 2:45 p.m.
He paid
special attention to Denise Lee’s screams for help and pleadings
for her life on a 911 recording during the abduction: “I just want
to see my family. I just want to see my family again, please,” she
said in a taped 911 call during her abduction.
The story of Lee’s abduction captured attention of the community,
from the frantic search for her that night to the missed chances
to save her, including a mishandled 911 call.
The daughter of a Charlotte County sheriff’s deputy, Lee was on
the back lanai in January 2008, cutting her son’s hair, when King
abducted her in his green Camaro. Her two children were left home
alone.
King, a stranger to Lee, bound her with
duct tape and repeatedly raped her at his home. He eventually shot
Lee dead at point-blank range and buried her in a shallow grave in
undeveloped section of North Port.
By Todd Ruger
- HeraldTribune.com
Saturday, September 5, 2009
SARASOTA COUNTY - After two weeks of testimony, press conferences,
tears and prayers, Denise Lee's relatives finally got what they
wanted Friday: the death sentence for Michael King.
For the jurors, the decision was not close. They took less than
three hours to unanimously recommend that King be put to death.
King borrowed several items to help bury Lee after kidnapping and
raping her, a move that convinced jurors he deserved to die for
killing her later that day in January 2008.
"I
think he gave her a death sentence when he got the shovel, and the
flashlight, and the gas can," juror Pat O'Quinn said.
Lee's relatives and friends appeared to hold their breath as the
clerk read the verdict, and then gasped in relief when they heard
the jury would recommend death.
Lee's husband,
Nate Lee, flanked by his parents, put his face in his hands after
the verdict was read. Lee's parents, Rick and Sue Goff, hugged
tightly and took a minute to let go.
"Michael
King is going to burn in hell," said Lee's grandmother, Nancy
Bates. "Forever and ever and ever."
King, 38,
had no visible reaction to the verdict, mirroring his emotionless
behavior during the trial. He was handcuffed and returned to jail,
where he will stay until the final sentencing hearing.
Afterward, the Lee family expressed gratitude to the detectives,
prosecutors and other lawmen who helped secure the death penalty
recommendation.
"I can't say enough," Rick Goff
said. "This is how the criminal justice system is supposed to
work."
One juror said it was Denise Lee's
actions during the kidnapping -- swiping King's phone and calling
911, leaving behind her ring -- that gave jurors overwhelming
evidence King was guilty.
"I don't know a normal
person would be able to do that," Marcia Burns said. "The family
needs to be extremely proud."
Jury consultant
Art Patterson said the unanimous verdict was not surprising, given
the recording of Lee's 911 call.
"You have a
smoking gun. The emotion of hearing a woman plead for her life,"
Patterson said. "They get comfort in knowing this guy was so
horrible and they know for sure what he was doing to her."
The verdict is a climax for a case that brought wide criticism of
the 911 system after information from a witness who saw Lee
banging on the window of King's car was not given to authorities
looking for her.
Burns wondered what the
disconnect was with police not responding in time to stop King
from shooting Lee in a wooded area a few miles up the road.
But the juror also said the trial will change her life and how she
will respond if she ever hears something unusual or someone in
trouble.
"I can tell you now I'd be on the
phone, I'd be on 911," Burns said.
After the
verdict, North Port's police chief, Terry Lewis, shared a
handshake and a private conversation with Rick Goff.
"The family is finally going to get closure," Lewis said.
Judge Deno Economou will make the final decision as to whether
King goes to death row or receives life in prison without the
possibility of parole.
But Economou must give
the jury's recommendation "great weight," and a 12-0 vote makes it
that much harder for him to go against it.
Prosecutors used closing arguments to call the murder especially
heinous; they said King did it to conceal his crime and was cold
and calculated.
Lee, 21, was taken from her
North Port home in front of her two boys, and the two-day search
for her buried body brought out legions of law enforcement
professionals and volunteers.
King's attorneys
pointed to a childhood sledding injury that they said set up a
lifetime of diminished mental capacity.
King was
described as a good father of a 13-year-old son, a good boyfriend
and a good plumber, who led a life as a good citizen until one
terrible decision.
Juror Jean Burgess said the
decision to convict was quick and overwhelming; the decision to
send King to his death was equally decisive -- but more difficult
to make.
Experts say that capital cases often
leave a lasting impact on the jurors who must decide whether a
person lives or dies.
"You almost feel like
you're God," Burgess said. "I'm still shaken."
For jurors and the family, a death penalty trial can bring about
the same changes as a near-death experience.
"It
makes people much more aware of their own mortality and the
sanctity of life," Patterson said, "because they've now been
involved in a horrible death."
Staff writer
Anthony Cormier contributed to this story.
By
Zac Anderson - HeraldTribune.com
Monday, August
31, 2009 at 1:00 a.m.
The evidence was
overwhelming, the verdict swift.
Now Michael
King's life is in the balance as jurors consider this week if he
should die for kidnapping, raping and murdering North Port mother
Denise Lee.
The defense will try to portray King
as a hardworking single father without a history of crime or
violence, a man who snapped under mounting personal and financial
troubles.
King's brothers will invoke his
12-year-old son, Matthew, as they implore jurors to spare his
life.
"What Mike did was unimaginable, and if it
wasn't for Matty I would say death is a fair punishment," said
Dawn Irving, King's ex-sister-in-law and Matthew's aunt. "But Mike
was a good dad, and I don't want Matty to know his dad was
executed."
The family of Denise Lee is pushing
for a death sentence.
"We're a third of the way
there," Lee's father, Rick Goff, said Friday after King was found
guilty.
Goff said the family is still waiting on
the jury's vote on the death penalty and King's death by lethal
injection.
"We're going to go up there and watch
him get a needle in his arm to send him where he belongs," Goff
said.
Prosecutors will argue that the horrific
nature of Lee's kidnapping, rape and execution-style killing
warrants death. Lee's family will talk about her kind nature and
promising future, how she adopted animals, excelled in school and
left behind two young boys.
Those details help
prosecutors show the crime was particularly heinous and cruel, and
details of the crime will show how King planned it.
King's background likely will figure prominently in the death
penalty arguments as defense attorneys try to show factors that
might let jurors show mercy.
Defense attorneys
have said they could present experts to talk about a brain injury
King suffered, and his diminished mental capacity.
During jury selection, they asked potential jurors if that might
affect their decisions on a sentence and if they might be able to
show "mercy."
King still hears ringing in his
ears from a sledding accident, family members say, and defense
attorneys may ask for leniency due to mental impairment.
Diminished mental capacity, prior criminal record and family
background can all play into a jury's decision in a death penalty
case, said Sarasota attorney Adam Tebrugge, who made closing
arguments in about a dozen death penalty cases during 23 years as
an assistant public defender in the 12th Circuit.
In half of those cases, Tebrugge said his clients received life
sentences.
"What I find is that jurors want as
much information as possible about the defendant before they make
a life-or-death decision," he said.
But defense
attorneys walk a fine line, Tebrugge said.
"I
think it's very important you not be seen as offering any excuses
for the defendant when you go into the penalty phase," he said.
Family members say little from King's past could have foreshadowed
what happened.
Growing up near Pontiac, Mich.,
as the third of four boys, King led a normal middle-class life as
the son of an auto worker. He married, had a son and worked
overtime at his plumbing job to make sure his wife did not have to
work.
He did not drink much or use drugs and had
no history of domestic violence, which is what makes his crime so
puzzling to April King, the ex-wife of King's brother, Gary.
"I couldn't believe it when I heard what he did because his whole
nature isn't anything remotely close to somebody who would do
something like that," April King said. "He was a real quiet,
laid-back guy. He would baby-sit my kids!"
Yet
King also was plagued by insecurity. He was shy and somewhat
dim-witted but wanted people to think he was important, Irving
said.
"He exaggerated a lot; you couldn't
believe him," she said.
Irving believes King's
crime stemmed from his relationship with his ex-wife, Danielle,
Irving's sister.
Her sister ridiculed King,
bossed him around, used him financially and left him twice,
leaving King to care for their son alone, Irving said.
Irving watched King's trial on television last week and noted a
striking resemblance between Denise Lee and King's ex-wife when
she was younger.
She was prepared to testify
that King was a good father, but the defense called her last week
to say she was not needed. Irving said two of King's brothers, Jim
and Gary King, are planning to testify.
Gary
King declined to comment and Jim King did not return a message
left at his home. Jim King and his wife, Carrie, of Marlette,
Mich., are caring for Michael King's son.
King's
father is sick and his parents will not travel from Michigan to
Sarasota for the sentencing phase, said Janet Muxlow, King's aunt.
"I don't think they can handle it," Muxlow said. "This has been
devastating for them."
Muxlow said the family
believes King should be in a mental institution.
"We all think something must have popped in his brain," she said.
"He was just a normal guy. Something must have happened. But
what?"