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Updated Sept. 15, 2006, 6:40 p.m. ET
Against jury's recommendation, judge spares Justin Barber death penalty for wife's murder


Justin Barber
Former financial analyst Justin Barber was convicted of murdering his 27-year-old wife, April.
FULL COVERAGE: Fla. v. Justin Barber
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(Court TV) — In a rare legal move, a Florida judge departed from a jury's death-penalty recommendation and instead sentenced Justin Barber to life in prison Friday for killing his wife.

Circuit Court Judge Edward Hedstrom handed down the life term to Barber, 34, who was convicted in June of murdering his 27-year-old wife, April, during a stroll on the beach on April 17, 2002. 

The panel that convicted the former financial analyst of murder rejected his claim that a mugger attacked the couple on the beach, leaving the defendant with four gunshot wounds.

During the penalty phase of the trial, prosecutors argued that there were three aggravating factors that made Barber eligible for the death penalty — a financial motive, a particularly "heinous, atrocious and cruel fashion" and "cold, calculated premeditation."

The defense, however, opted to present no witnesses — a decision Barber told the judge he reached on his own.

"He will not put his family through that. He will not do that in an effort to seek mercy for a crime he did not commit," defense attorney Robert Willis said in June during his brief remarks to the jury before penalty phase deliberations began.

The lack of deference to the jury's verdict and the brevity of the case were highly unusual in the penalty phase of a capital trial. Many defense attorneys in death penalty cases have a second lawyer devoted solely to arranging witnesses and evidence in case there is a penalty phase.

The defense has wide latitude in what it presents to jurors, and it is not unusual for jurors to hear testimony from the former teachers, employers and acquaintances of the defendant in an effort to establish mitigating factors, circumstances that argue against a death sentence.

The jury took less than an hour to recommend the death penalty by a vote of 8-to-4. In Florida, only a majority is required in the penalty phase.

Under state law, a judge must give "great weight" to the recommendation of the jurors, but is not obliged to follow it.

If Barber wins a new trial on appeal, the sentence means prosecutors cannot seek the death penalty again. 



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