FORT PIERCE, Fla. (Court TV) — A Florida judge sentenced Jose Soto-Escalera to the death penalty for murdering his pregnant mistress and unborn child, following a Spencer hearing where the convicted killer made a dramatic attempt to fire his attorney.
At last week’s Spencer hearing, Soto-Escalera interrupted proceedings to demand the removal of his defense attorney, Tom Burns. The defendant claimed Burns was working against his interests, citing an alleged incident where a witness supposedly made a choking gesture while discussing the case. Judge Lawrence Mirman rejected the request, noting that substantial mitigation evidence had already been presented and dismissing the conflict of interest claim.
Jose Soto-Escalera appears at a Spencer hearing on Oct. 6, 2025. (Court TV)
The Spencer hearing focused on evidence presented by defense mitigation specialist Shari Schwartz, who appeared via Zoom. Schwartz painted a picture of Soto-Escalera’s troubled childhood, describing how his mother, Carmen Escalera, was just 14 when she met his 20-year-old father. The relationship resulted in multiple pregnancies, including an older brother who died as an infant from dengue fever in Puerto Rico.
Schwartz testified that Carmen became a teenage mother, dealing with trauma, and turned to heavy drinking, leaving Jose and his sister to be raised primarily by relatives in housing projects. Despite these adverse childhood experiences, including witnessing extreme violence and gang activity, Jose maintained steady employment and stayed out of trouble until this crime.
The mitigation specialist emphasized Jose’s genuine empathy for the victims, noting that he unpromptedly expressed remorse for Tania Wise and their unborn son Josiah, describing Wise as a nice person who didn’t deserve what happened to her.
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Jose was convicted in September of first-degree murder in the deaths of 23-year-old Tania Wise and their unborn child, Josiah. Wise was found face-down in a roadside drainage ditch in August 2018, eight and a half months pregnant. She had suffered severe head trauma and a 19-centimeter cut across her neck.
The prosecution argued that Jose, who was married at the time, killed Wise to prevent his wife from discovering their affair and the pregnancy. Evidence included recorded conversations where Soto-Escalera appeared to plan the murder, discussing how to dispose of the body and destroy evidence.
A jury deliberated for approximately one hour before finding Jose guilty, then deliberated for less than two hours before recommending the death penalty by a vote of 8-4.
During Monday’s hearing, Asst. State Attorney Donald Richardson asked Judge Mirman to impose two death sentences based on the aggravating factors. Burns argued for life in prison, emphasizing that this was an isolated crime by someone with no prior criminal history who had been a model prisoner during his seven years in jail.
Judge Mirman acknowledged the complexity of the case and the substantial mitigation evidence presented, listing his findings on each of the elements before finally concluding that he agreed with the jury’s assessment and sentencing Soto-Escalera to death.
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