Tuesday, June 30, 2009

Prosecutors say they're going to announce Thursday whether a Utah man charged with first-degree murder in the death of a Stock Island man will face the death penalty.

Monroe County Chief Assistant State Attorney Don Barrett and Assistant State Attorney Manny Madruga on Monday said they are meeting with lawyers representing Jonathan LeBaron for a status conference.

LeBaron is charged in the brutal death of Richard Gardner, 58, whose body was found Feb. 10 aboard his boat at King's Pointe Marina on Stock Island.

"Myself and Don [Barrett] have discussed it and need to sit down with [Monroe County State Attorney] Dennis [Ward] before we make that decision," Madruga said, referring to the penalty prosecutors will seek.

Miami defense attorney Gene Zenobi, who represents LeBaron, on Monday said he is pursuing the case as if it were a death penalty case.

"That's one of the reasons I was called on this case," Zenobi said.

Zenobi is a private attorney appointed by the Offices of Criminal Conflict and Civil Regional Counsel to represent LeBaron. The office often hires private attorneys to represent defendants facing the death penalty.

He expects an announcement this week.

Under Florida law, prosecutors have 45 days after a defendant is arraigned to decide whether they'll pursue the death penalty. That puts their deadline at Sunday, Madruga said.

Key West attorney James Nunn also is representing LeBaron. The Public Defender's Office is representing LeBaron's girlfriend, Kristin Whitmore, who is a codefendant in the case.

Madruga declined to say whether prosecutors will negotiate a plea agreement with Whitmore in exchange for her testimony. Whitmore was with LeBaron when he allegedly attacked Gardner, according to Monroe County Sheriff's Office reports.

Whitmore admitted she frequently prostituted herself to Gardner and told him she had no place to live, prompting an offer to let her stay on his boat, according to police documents. When she met Gardner at his boat, LeBaron allegedly was hiding in the cabin, reports say.

"No plea agreement has been negotiated yet," Madruga said. "But you're probably aware she provided information to law enforcement in Utah. That being said, whether or not we pursue that remains to be seen."

LeBaron and Whitmore were arrested in Utah near Salt Lake City in a Motel 6 after police there received a tip that a couple wanted in Florida was at the hotel.

alinhardt@keysnews.com