ORANGE COUNTY, Fla. – A judge is targeting Monday, Nov. 29, as the new date to begin the penalty phase in Markeith Loyd’s second murder trial.
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A jury found Loyd guilty on all counts, including first-degree murder of a law enforcement officer, in the killing of Orlando Police Lt. Debra Clayton.
In court Saturday morning, the judge talked more about her recent decision to now allow Loyd to tell jurors about his January 2017 arrest during the penalty phase of his trial.
Clayton was shot and killed in the parking lot of a Walmart in January 2017 during the manhunt for Loyd after he killed his ex-girlfriend Sade Dixon and her unborn child, which he is already serving a life sentence for.
During that arrest, Loyd lost an eye and he claims police used excessive force. An FDLE investigation concluded use of force was justified when Orlando Police arrested him.
The judge will now allow jurors to see police helicopter video that shows the arrest.
After her decision to allow the new evidence into the penalty phase of the trial, state attorneys asked the judge to delay it because they say they now need more time to prepare for the presentation of that evidence.
But the judge is not going to keep the jury sequestered until the penalty phase happens, so she is releasing them until the trial picks back up. And she is urging them to not talk about the case to anyone.
“Remember how serious this matter is when you get tempted to talk about it, because it is going to weigh on your minds and you need to be realistic about that,” said Judge Leticia Marques. “You just can’t talk about it. It doesn’t get any more serious than this folks.”
After a juror had a conflict with another date the court was looking at, the judge is now targeting Monday, Nov. 29 as the start of the trial’s penalty phase.
The state told the judge they are exploring several options right now regarding the trial, but would not elaborate on that. Attorneys are due back in court on Tuesday to finalize what evidence will be included in the penalty phase.
In the penalty phase, jurors will have to decide whether Loyd should get life in prison or the death penalty for the murder of Clayton.
A death penalty recommendation would require all twelve jurors to be unanimous in that decision.