Showing posts with label retrial. Show all posts
Showing posts with label retrial. Show all posts

Tuesday, July 14, 2009

Jury: Washington guilty in torture and slayings; ‘Cash Feenz’ member to get life

By CONNOR HOLMES
published in the Cape Coral Daily Breeze and Naples Daily News 7/14/09

Thirty years in prison the first time.

A lifetime the second.

That is the order in which Roderick Washington's guilt was determined for his role in the 2006 tortures and killings of Alexis, 18, and Jeffrey Sosa, 14, over the course of two murder trials.

Washington, 19, was found guilty of two counts of aggravated battery with a deadly weapon during his first trial in May, and was sentenced to serve two consecutive 15-year prison terms.

The alleged member of the "Cash Feenz" rap group accused in the brutal slayings will now face a mandatory life prison sentence for two counts each of first-degree murder and kidnapping.

A 10-man, 2-woman jury determined Washington's guilt over the course of three hours Monday.

The decision stands in staunch contrast to the May trial when the jury deadlocked on the murder and kidnapping charges after nearly a day and a half behind closed doors.

Washington shared a silent nod with a family member in the courtroom gallery as he was fingerprinted and escorted into custody.

Outside the courtroom on the eighth floor of the Lee County Justice Center annex building, a woman burst into sobs and embraced her child.

Members of the Washington family declined to comment on his conviction.

Despite defense attorney Paul Sullivan's protests that the state's witnesses were unreliable party-goers and co-defendants who would say anything to keep their plea deals, the jury relied on the collective testimony to adjudicate Washington guilty on all counts.

"We're obviously very pleased with the verdict," said Assistant State Attorney Marie Doerr. "We've felt all along that Mr. Washington was a major player in these Cash Feenz tortures and murders. We're pleased that they took three hours to come back and find a verdict of guilty on these four serious charges."

Doerr said that bringing in additional witnesses and tightening loose ends in the few months between trials likely strengthened their case against Washington, possibly a factor in the second jury's notably quicker decision.

Witnesses pegged Washington as holding a gun to the Sosas as they were bound, carved with knives, covered with bleach and shocked with a Taser at the birthday party of co-defendant Kemar Johnston.

They also said he helped place the Sosas in the trunk of a car used to transport them to a north Cape Coral industrial site where they were fatally shot.

Co-defendants, including Alexis Fernandez, Iriana Santos, Melissa Rivera and Michael Balint, along with several party-goers, were hazy on various details of the evening the Sosas were killed, but remembered distinctively Washington wielding a .22-caliber rifle and, at one point, a pistol.

Washington's part in the kidnapping of the Sosas makes him a principal to their murders, regardless of premeditation, because of the inherent danger of holding another human being against their will.

Washington will be sentenced Monday before Lee Circuit Judge Thomas Reese.

He has 30 days from the date of his sentencing to appeal the decision.

Washington is the second Cash Feenz defendant to be found guilty in the 2006 double murder, after Ashley Toye who was previously sentenced to life without parole.

Co-defendants Kemar Johnston, Kenneth Lopez and Paul Nunez still await trial in the case.

Melissa Rivera, Iriana Santos, Alexis Fernandez, Cody Roux and Michael Balint have each pleaded guilty to lesser crimes and will receive prison sentences varying between 14 and 26 years in exchange for their testimony during the trials of their remaining co-defendants.

Monday, July 13, 2009

Roderick Washington 'Cash Feenz' retrial day 4

4:32 -- Jury finds Washington guilty

A jury has found Roderick Washington, 19, guilty of first-degree murder and kidnapping in the 2006 slayings of Alexis, 18, and Jeffrey Sosa, 14.

After approximately three hours of deliberations, the jury brought back a guilty verdict on all four counts.

Sentencing before Judge Thomas Reese will be Monday.

Washington is accused of holding the Sosas at gunpoint as they were tortured in the kitchen of co-defendant Kemar Johnston's home, and also of helping carry the Sosas to the trunk of a car used to drive them to an industrial site where they were killed.

Washington, who was convicted of two counts of aggravated battery with a deadly weapon during his first trial and sentenced to 30 years, faces a life sentence as a result of today's guilty verdicts.


3:29 -- writer's note: The jury asked if the principal rule applied to Washington holding a firearm during the commission of the crimes of which he is accused, a subsection of the verdict form. Judge Reese told the jury Washington alone had to be holding a gun to find guilt in that subsection. The jury has returned to deliberations.

3:23 -- writer's correction: The jury has asked a question about the verdict forms. It is unclear how close they are to reaching a verdict at this point. Council is discussing the issue with judge Reese.

3:20 -- writer's note: It appears the jury has reached a verdict. Washington and council have been brought back into the courtroom.

2:48 -- The jury enters its second hour of deliberations. Little has transpired in the courtroom. Bailiffs and reporters chat lightly.

2:05 -- several pleas were entered with judge Reese as Roderick Washington's jury continues to deliberate this afternoon. Those cases have concluded and only court personnel and media persons remain in Reese's 8th-floor courtroom, overlooking the Caloosahatchee River from the new Justice Center annex building.

1:42 -- writer's note: The jury has been given written copies of the judge's instructions and begins their deliberations.

1:30 -- writer's note: The jury will return from lunch shortly to begin deliberations in Washington's double-murder trial. It appears several other cases will be addressed by judge Reese this afternoon; the courtroom is speckled with those involved in other cases and their lawyers, who will address those cases after Washington's jury is ushered into the jury room.

11:32 -- Closing statements in Washington trial focus on witness reliability

Following closing arguments and the judge’s instructions in the double-murder retrial of 19-year-old Roderick Washington, one alternate juror will be dismissed and the remaining 12 jurors will begin their deliberations. They must decide if Washington is guilty of two counts each of first-degree murder and kidnapping in the 2006 slayings of Alexis and Jeffrey Sosa.

Washington, accused with nine others in the tortures and killings of the Sosas at a Cape Coral birthday party, faces life in prison if convicted. Witness testimony during trial suggested Washington held the Sosas at gunpoint as they were tortured in the kitchen of co-defendant Kemar Johnston’s home, and also helped carry the Sosas to the trunk of a car used to drive them to an industrial site where they were killed.

“It’s almost impossible to make any sense of at all,” Assistant State Attorney Marie Doerr said during closing arguments. “This started out as a birthday party, which most of us think as a happy thing, and ended up with these two teenagers tortured for hours, shot, and one of them burned beyond recognition. Each of these acts taken alone is enough to turn your stomach, but put these together and it’s enough to blow the mind of a rational person.”

Though several witnesses who testified against Washington were co-defendants who had taken plea deals from the state, Doerr suggested that inconsistencies among the witnesses showed they were truthful.

“We didn’t choose these witnesses,” Doerr said. “Mr. Washington chose these witnesses. These are his friends. You have a bunch of self-absorbed people, high on drugs and alcohol, wandering in and out of the kitchen. It’s not perfect, it’s not bought and payed for, obviously they’re not coached.”

Defense attorney Paul Sullivan argued the inconsistencies in testimony and lack of physical evidence against Washington created reasonable doubt. A majority of witnesses were drunk and high on narcotics during Johnston’s party, he said.

“Those who’ve drank too much know what it can do to their minds,” Sullivan said. “We know from testimony that marijuana only makes it worse. We’ve heard the effect that Xanex has on your mind. How dare they come in here and pretend to have an accurate memory.”

Sullivan pointed to three police witnesses whose recollections differed on whether Alexis Sosa’s body was taken to the Medical Examiner’s Office in the trunk of a car or in a body bag.

“These people are sober. If you see that in three professionals who have no interest in this case, then when you start looking at the testimony from these other witnesses here, you’ll see that there’s no evidence against Rod Washington beyond a reasonable doubt because there can’t be,” Sullivan said. “The cops can’t remember. That’s why they write it down.”

Sullivan also dismissed the notion of peer pressure as an element of Washington’s trial.

“If they would suggest that peer pressure is enough to make a person commit murder, then I would submit to you that to sit and wait in a prison cell in this county for a chance to testify in this trial, with a chance they’ll never leave those prison walls, is a pressure those teenagers have never heard of,” he said. “It’s enough to make them remember things any way they have to.”

Assistant State Attorney Bob Lee is continuing closing statements.

Washington won’t testify in his own defense

By CONNOR HOLMES
published in the Cape Coral Daily Breeze and the Naples Daily News 7/11/09

Police told Roderick Washington he had the right to remain silent when arrested in the 2006 double-slaying of 18-year-old Alexis Sosa and his nephew Jeffrey Sosa, 16, and, as is his right, he will maintain his silence through two felony murder trials.

Washington told Lee Circuit Judge Thomas Reese, who is presiding the 19-year-old's retrial, he understood the decision he was making and would not testify on his own behalf. He also chose to remain silent during his first trial in May.

"You understand that you must live with the ramifications of this decision," Reese told Washington.

"Yes, sir," he said, the only words he has spoken thus far during the trial.

Washington is accused with nine others in the binding, beating, torture and killing of the Sosas at co-defendant Kemar Johnston's birthday party Oct. 6, 2006. Washington and Johnston are allegedly members of the "Cash Feenz" rap group accused in the tortures and killings.

A Lee County jury found Washington guilty of two counts of aggravated battery with a deadly weapon during his first trial, and he has been sentenced to 30 years in prison. However, the jury deadlocked on two counts each of first-degree murder and kidnaping and Washington is now being retried on those counts by another 12-juror panel.

He faces life in prison if convicted.

Assistant state attorneys Bob Lee and Marie Doerr have spent the past two days calling witness after witness to testify about Washington's alleged involvement in the Sosa murders: holding them at gunpoint as they were beaten, carved into with knives, Tasered and covered in bleach, and helping transport them to a north Cape Coral industrial site where they were shot to death.

Party-goers and co-defendants testified to the details of the Sosas' killings Thursday and Friday, and all seemed to remember Washington's role that night.

However, when pressed by defense attorney Paul Sullivan to accurately produce other details about the night, their memories seemed to falter. Some admitted to relying on prior statements or were called out on inconsistencies throughout multiple statements, including those made during Washington's first trial.

Co-defendant Alex Fernandez said he saw Washington "squatting down on the floor with a rifle in his lap," and later hitting Alexis Sosa in the head with a pistol.

Fernandez recalled that, while at the industrial site where the Sosas were killed, he saw Johnston and another individual shooting into the trunk of the Sosas' Lexus where the two teens had been placed. He said he couldn't see who the second shooter was, despite earlier statements that it was co-defendant Kenneth Lopez.

Sullivan recited the earlier statement before the jury, a legal process referred to as impeaching a witness. The statement said that Fernandez pegged Lopez as the second shooter at the industrial site. Lopez was also Fernandez's cell mate in the Lee County Jail and in 2007 admitted to shooting Alexis and Jeffrey in the head to "make sure they were dead," the statement read.

"Does that refresh your recollection?" Sullivan asked Fernandez.

Fernandez said no, it didn't.

"I just thought about it and focused, and I can't be 100 percent sure," Fernandez explained.

Andrew Touchstone and Michael Taylor both said they witnessed Washington's involvement, stating again that he held both a rifle and a handgun on the Sosas, but Touchstone couldn't remember if Paul Nunez held an AK-47 or a handgun as he guarded the door at Johnston's home.

He was absolutely sure that Cody Roux, who stood directly next to Nunez, held an AK-47.

Aside from Washington, accounts varied throughout the state's witness list on who else at the party held or didn't hold guns and what kind of guns were brandished.

The only physical evidence presented at trial that may link Washington to the killings was a .22 rifle he allegedly used to hold Jeffrey and Alexis at gunpoint.

Ryan Peters said he bought a .22 rifle from Washington that looked similar in size and color to the one presented as evidence, but that he couldn't be sure it was the same gun.

After finding out the Sosas had been killed on the news, Peters said he dumped the gun in a canal.

"I didn't want it coming back on me," he said.

Reese denied a motion by Sullivan to have Washington acquitted on all counts, and reserved closing arguments for Monday morning at 9 a.m.

After that, the jury will be asked to decide Washington's fate.

Friday, July 10, 2009

Roderick Washington 'Cash Feenz' retrial day 3

2:25 -- 'Cash Feenz' defendant will not testify

Roderick Washington will not testify on his own behalf.

Both sides have now rested their cases in the retrial of Washington, a 19-year-old double-murder defendant.

Presiding Lee Circuit Judge Thomas Reese has denied the defense?'s request to acquit Washington of two counts each of first-degree murder and kidnaping.

Several more witnesses from the night Alexis Sosa, 18, and his 14-year-old nephew Jeffrey were tortured and killed have pointed to Washington as holding the victims at gunpoint and aiding in taking them to a north Cape Coral industrial park where they were fatally shot.

Andrew Touchstone and Michael Taylor, who attended co-defendant Kemar Johnston?'s 2006 birthday party, said they saw Washington holding a rifle and later a handgun that he used to pistol whip Alexis Sosa.

Touchstone had trouble recalling what kinds of guns others in the house were holding the evening the Sosas were killed.

Ryan Peters, a friend of co-defendant Kenneth Lopez, said he purchased a .22-caliber rifle from Washington for protection. He testified that he later threw the weapon in a canal upon learning the Sosas had been killed.

"I didn't want it coming back on me," he said.

Reese told the jury the trial would break early for the day.

"I doubt we could have this back to the jury before 6 p.m. or later," Reese
said, stating it would be more appropriate to resume Monday

He stressed the importance of avoiding media accounts of the trial over the weekend.

Closing arguments will begin Monday at 9 a.m.


11:17 -- Co-defendant Fernandez testifies in Washington re-trial


Alex Fernandez is yet another co-defendant who has pegged Roderick Washington as holding Jeffrey and Alexis Sosa at gunpoint when they were tortured in Kemar Johnston's home, and then helping take the Sosas to a north Cape industrial park where they were killed in 2006.

"He was squatting down on the floor with a rifle in his lap," Fernandez testified.

Washington also pistol whipped Alexis with a handgun at one point, he said.

Fernandez testified that Washington and co-defendant Kenneth Lopez carried the Sosas from the home and put them in the trunk of a car, and that Fernandez drove at Johnston's threats.

"Basically if I didn't comply, I could end up like the Sosas also," he said.

Fernandez said a .380 later found in the glove box of his car was not his.

Fernandez said he had never heard of or been a part of the Cash Feenz, the rap group accused in the slayings.



10:30 -- Medical examiner testifies as Washington retrial resumes

The retrial of Roderick Washington in the 2006 murders of Jeffrey and Alexis Sosa has resumed.

Washington faces two counts each of first-degree murder and kidnaping in the double-slaying.

This morning the state called Chief Deputy Medical Examiner Robert Pfalzgraf, who described the autopsy findings of the Sosas.

Pfalzgraf said Alexis had been shot at least four times, two of which were fatal. Due to the condition of his burnt remains, it is unclear whether or not other bullets had entered his body.

Alexis Sosa had been burned in the trunk of a car in a north Cape Coral industrial park, while Jeffrey Sosa's body was found on the ground near the vehicle.

A lack of any significant amount of carbon monoxide in the Sosas' lungs indicated they had suffered fatal gunshot wounds prior to the car having been set fire to, Pfalzgraf said. Small amounts of carbon monoxide, such as the amount found in Jeffrey's lungs, could indicate cigarette smoke or various other things.

"It is my opinion (Alexis Sosa) was not alive when he was burned," he said.

Defense attorney Paul Sullivan is asking Pfalzgraf questions about the transportation of the Sosas bodies from the industrial site to the Medical Examiner's Office and about the autopsy process.

Washington’s retrial begins with witness testimony; Co-defendants, others recall event

By CONNOR HOLMES
published in the Cape Coral Daily Breeze and Naples Daily News 7/10/09

One by one, familiar faces took the stand Thursday to testify about the night Jeffrey and Alexis Sosa were terrorized and murdered.

Eyewitnesses, co-defendants and police painted a picture for the second time of the 2006 beating, torture and double slaying, allegedly at the hands of a rap group called the "Cash Feenz," during the first day of Roderick Washington's retrial.

Washington, one of 10 accused in the killings, faces life in prison if convicted of two counts each of first-degree murder and kidnaping.

He was found guilty of two counts of aggravated battery with a deadly weapon in May and was sentenced to 30 years in prison. The jury could not reach a decision on the remaining four counts and a mistrial was declared.

"These young teens, Jeffrey and Alexis Sosa, were tied up, beat, Tasered, carved with knives, bleach was poured into their wounds and onto their faces. They were shot, killed and eventually set on fire," Assistant State Attorney Marie Doerr said during opening statements. "This is a case that starts out a mob mentality, peer pressure at its ugliest."

Doerr described a night of drugs, alcohol and brutal violence at the birthday party of co-defendant Kemar Johnston.

The Sosas' deaths were the result of the cooperation of many individuals acting together, one of whom was Washington, she said.

Defense Attorney Paul Sullivan agreed that a heinous crime had occurred, but argued the evidence cannot prove the details of Washington's involvement beyond a reasonable doubt.

Part of what makes the evidence unreliable, he said, are witnesses who had either been intoxicated the night of the killings or had received plea bargains from the state.

"What else happened that night?" Sullivan asked the jury. "Who did what? Who poured bleach on these poor kids? Who hit somebody with a gun? Who did this, who did that, who did what, when?

"All of that evidence is locked up in the heads of young people whose minds were messed up on drugs and alcohol that night, who've told lie after lie after lie," he said.

Those who attended Johnston's birthday party recalled Washington holding the Sosas at gunpoint while they were tortured and driving out to a north Cape Coral industrial park where the Sosas were fatally shot.

William Arciszewski, who attended the party and produced rap music for the Cash Feenz, said a cell phone voice message sparked the violence toward Jeffrey and Alexis when they came to the party.

"It was like when they showed up you could hear a pin drop," he said. "They started beating them. I could hear plates breaking and everything."

Arciszewski said that from his hiding place in Johnston's bathroom, he heard a gunshot and Alexis pleading for his life as his back was carved with knives.

"I recall very vividly," he said. "It's one of the things that sticks out the most in my mind, Jeffrey Sosa begging for his life. He said, 'I have a lot to live for, don't kill me.'"

Arciszewski recalled seeing the Sosas carried out of Johnston's home through the garage area, and that Alexis had a black bag covering his head.

Several individuals, including Washington and co-defendants Paul Nunez, Kenneth Lopez, Iriana Santos and Melissa Rivera, left Johnston's home with the Sosas and later returned after Jeffrey and Alexis had been killed, he said.

"There's no nice way to put it," Arciszewski said. "(The Sosas) were taken out like they were trash. They were taken out like they didn't matter."

He said he was afraid that if he left Johnston's home or called the police he would be killed. Arciszewski told the jury that the Cash Feenz transformed from a rap group into a violent lifestyle, which he rejected.

"It's like they began living the music they made," he said. "To me, music is expression. They overdid it."

Sullivan attempted to disprove that Arciszewski disapproved of the lifestyle by discussing an Internet picture of him holding a gun and a rap album of Arciszewski's called "Enemy of the State" with explicit lyrics.

Arciszewski said his lifestyle has changed and he no longer associates with the Cash Feenz.

Co-defendants Michael Balint, Melissa Rivera and Iriana Santos have taken the stand. All three said Washington held either a handgun or a rifle on the Sosas at various times throughout the evening as they were tortured.

Balint, Rivera and Santos have stricken plea deals with the state for lighter sentences in exchange for their testimony against their co-defendants.

Balint, who hogtied Alexis with shoelaces, said he saw Washington holding a gun prior to leaving Johnston's home.

"He was poking them in the ribs with it, telling them not to move and stuff," Balint told the jury.

Rivera and Santos, who said they were active participants in the assault on the Sosas, testified to Washington having held a gun throughout the night and going to the industrial site where the Sosas were killed.

Sullivan questioned how Rivera could recall Washington being armed, but could not recall whether he held a rifle or handgun. She also could not describe the knife or Taser she allegedly used on Alexis.

Rivera said she did not remember that night, only what she had read from a recent statement to state attorneys.

Cape Coral detective Kurt Grau and forensics supervisor Larry Stringham discussed evidence they found at the industrial site and Johnston's home, including bullets and casings, a handgun, shoe prints, tire tracks and a comforter with the DNA of Alexis.

Washington's trial continues today at 9 a.m. and will likely continue through early next week.

Thursday, July 9, 2009

Roderick Washington 'Cash Feenz' retrial day 2

3:30 -- Party-goers testify to Washington's involvement in "Cash Feenz" murders

The state has called two party-goers to testify about the evening Alexis and Jeffrey Sosa were brutally murdered.

Both have placed Roderick Washington at co-defendant Kemar Johnston’s 2006 birthday party holding the Sosas at gunpoint as they were bound, beat and tortured.

William Arciszewski said he saw Washington holding a rifle to the Sosas, and that Johnston also had a firearm. He testified that a cell phone voice message sparked the violence towards Jeffrey and Alexis when they came to Johnston’s party.

“It was like when they showed up you could hear a pin drop,” Arciszewski said. “They started beating them. I could hear plates breaking and everything.”

Arciszewski said that, from his hiding place in Johnston’s bathroom, he heard a gunshot and Alexis Sosa pleading for his life and screaming as his back was carved with knives.

“I recall very vividly,” he said. “It’s one of the things that sticks out the most in my mind, Jeffrey Sosa begging for his life. He said, ‘I have a lot to live for, don’t kill me.’”

Arciszewski recalled seeing the Sosas carried out of Johnston’s home through the garage area, and also that Alexis Sosa had a black bag covering his head.

Several individuals, including Washington and co-defendants Paul Nunez and Kenneth Lopez, left Johnston’s home with the Sosas and later returned to the home after they’d killed Jeffrey and Alexis, Arciszewski said.

“There’s no nice way to put it,” he said. “(The Sosas) were taken out like they were trash. They were taken out like they didn’t matter.”

Arciszewski said he was afraid that if he left Johnston’s home or called the police he would be killed. He told the jury the Cash Feenz transformed from a rap group into a violent lifestyle, one which he rejected.

“It’s like they began living the music they made,” he said. “To me, music is expression. They overdid it.”

Donteavious Overmyer, Washington’s friend, said he was the first to hit Alexis Sosa in the face, cutting his hand open and beginning the onslaught of violence against the Sosas. He said Washington held a handgun on the Sosas, and later a rifle.

Attorneys are now questioning co-defendant Iriana Santos.

11:45 -- Co-defendant, police testify in Washington retrial

Michael Balint, a co-defendant in the Roderick Washington double-murder retrial, has taken the stand as a state's witness.

Balint is accused of hogtying Alexis Sosa with shoelaces prior to the Sosas being tortured and killed at co-defendant Kemar Johnston's birthday party in 2006. He has accepted a plea deal to serve 14 years in prison for two counts of kidnaping in exchange for his testimony.

He is also serving a concurrent 5-year prison term for battery on an inmate.

Balint said he beat Kenneth Mitchell, a man convicted of killing his best friend.

Balint told jurors he had spent the night drinking, smoking pot and taking Xanex the night the Sosas were killed. He testified to visiting the strip club Emerald City in Port Charlotte before going to Kemar Johnston's house to buy pot at 2 a.m.

Balint testified that Washington held a handgun to the Sosas as they sat on the floor of Johnston's home, and later a .22 rifle.

"He was poking them in the ribs with it, telling them not to move and stuff," Balint told the jury.

Balint said he went home prior to the torture and killing of Jeffrey and Alexis Sosa and did not witness the acts. He said he was still intoxicated the next day, and did not know who called him to tell him the Sosas had been killed.

Larry Stringham, forensic supervisor for the Cape Coral Police Department, testified to evidence found at the north Cape industrial site where the Sosas' bodies were discovered as well as at Johnston's home. Evidence found includes bullet casings, live rounds, shoe and tire prints and a comforter containing Alexis Sosa's DNA.

Additionally, a firearm was later discovered under insulation in Johnston's attic, which had not been located there initially.

The trial is in recess for lunch, and will resume at 1:20 p.m.



10:30 -- State begins case against Cash Feenz defendant Washington

Both the state and defense have given opening arguments this morning in the double-murder retrial of Roderick Washington.

Kurtis Grau, the lead Cape Coral detective in the 2006 murders of Jeffrey and Alexis Sosa, is currently on the witness stand. The jury is being shown a forensics video of the north Cape industrial site where the charred remains of the Sosas and a vehicle were discovered. The video was also shown during Washington’s first trial.

Washington’s friends and family are among those watching the video quietly.

Brian Lauer, an Operations Lt. for the Cape Coral Fire Department, also testified. Lauer was a first responder to a vehicle fire Oct. 7, 2006 at the industrial site where the Sosas were found. Lauer said he discovered a bloody blanket among the remains, which he brought to the attention of police.

“These young teens, Jeffrey and Alexis Sosa, were tied up, beat, tasered, carved with knives, bleach was poured into their wounds and onto their faces. They were shot, killed and eventually set on fire,” Marie Doerr said during opening statements. “This is a case that starts out a mob mentality, peer pressure at its ugliest.”

Doerr described a night of drugs, alcohol and brutal violence at the birthday party of co-defendant Kemar Johnston. The Sosas’ deaths were the result of the cooperation of many individuals acting together, one of whom was Washington, she said.

Defense Attorney Paul Sullivan agreed that a heinous crime had occurred, but argued the evidence couldn’t prove the details of Washington’s involvement beyond a reasonable doubt.

Part of what made the evidence unreliable, Sullivan said, was the unreliability of witnesses who were either intoxicated or had received plea bargains from the state.

“What else happened that night?” Sullivan asked the jury. “Who did what? Who poured bleach on these poor kids? Who hit somebody with a gun? Who did this, who did that, who did what, when? All of that evidence is locked up in the heads of young people whose minds were messed up on drugs and alcohol that night, who’ve told lie after lie after lie.”

Sullivan pointed specifically to the inconsistent statements of co-defendant and state’s witness Alex Fernandez regarding the slayings.

“There’s not going to be evidence of anything to indicate that Rod Washington is guilty of first-degree murder,” Sullivan said. “There’s not going to be evidence that Rod Washington is guilty of a kidnaping.”

9:45 -- Juror dismissed in Cash Feenz re-trial

The 14-person jury of Roderick Washington’s double-murder retrial, two of whom were alternates, has been reduced by one after presiding Lee Circuit Judge Thomas Reese learned Thursday morning that one of the jurors attempted to discuss the case with a Cape Coral detective on multiple occasions.

The jury was seated hardly more than 12 hours ago in Washington's retrial in the 2006 double-murder of Alexis and Jeffrey Sosa, allegedly perpetrated by a rap group called the Cash Feenz. He is one of 10 accused in the binding, torturing and killing of the Sosas at a house party in Cape Coral.

Reese voiced his concerns about the male juror's prior vocalizations of the case to the detective. "What he had to say to him I do not know, but it doesn't really matter," Reese said. “He has already demonstrated issues of concern to be a juror in this case. What concerns me more than anything: what, if anything, has he said to the other jurors?”

The juror told Reese he called the detective's son to discuss football, and mentioned his participation as a juror in passing to the detective, but did not recall prior conversations. Each of the remaining 13 jurors said they had neither discussed the case nor watched media accounts. Washington was convicted in May of two counts of aggravated battery with a deadly weapon. He faces life in prison if convicted of two counts each of first-degree murder and kidnapping, charges the jury deadlocked on during his first trial.

Attorneys are now giving their opening statements.

Jury seated in Washington ‘Cash Feenz’ trial — again

By CONNOR HOLMES
published the Cape Coral Daily Breeze, under headline 'Jurors picked for ‘Cash Feenz’ trial; Defendant again facing murder and kidnapping' and in the Naples Daily News under given headline

---

A seemingly daunting task, state and defense attorneys have now seated an unbiased jury for the second time to try Roderick Washington in the highly-publicized "Cash Feenz" double murder case.

The 12-man, two-woman jury, including two alternates, was seated Wednesday afternoon in the courtroom of Lee Circuit Judge Thomas Reese.

Washington is one of 10 individuals initially charged in the 2006 beating, torture and killing of Alexis and Jeffrey Sosa during a birthday party of co-defendant Kemar Johnston.

The Sosas were tied up at gunpoint, carved with knives, covered in bleach, and eventually shot and killed in a north Cape Coral industrial park, according to police documents.

Washington is accused of holding a gun on the Sosas as they were tied up and tortured in Johnston's Cape home.

In May, Washington was tried on two counts each of first-degree murder, kidnaping and aggravated battery with a deadly weapon. After a day and a half of deliberations, the jury found him guilty of the two counts of aggravated battery but deadlocked on the other charges.

A mistrial was declared for the remaining counts.

Washington was sentenced Tuesday afternoon, a day before his retrial began for the remaining four charges, to serve two 15-year prison sentences for the aggravated battery counts.

If convicted in the retrial, Washington faces life in prison.

Though many of the 55 potential jurors Wednesday had heard of the killings through news accounts and word of mouth, most said they could remain unbiased regardless.

Attorneys felt that one woman, a Challenger Middle School teacher who had known the Sosas, and a former North Fort Myers High student who said he knew co-defendant Cody Roux and several witnesses could not be unbiased. They were dismissed during questioning.

Several others whose religions did not allow them to stand in judgment of others were also dismissed.

Jurors were questioned by attorneys throughout the afternoon into the evening, both individually and in open court.

They were asked how they would consider the testimony of co-defendants who had accepted state plea deals, if they thought mixing pills with alcohol altered a person's ability to remember and what they thought about peer pressure and gang violence.

Both the state and the defense will present their opening arguments today at 9 a.m.

Washington's trial is anticipated to run into early next week, possibly Tuesday, according to Reese.

Wednesday, July 8, 2009

Roderick Washington 'Cash Feenz' retrial day 1

3:17 -- Jury for Washington trial whittled by 17; questioning continues
Judge Thomas Reese, prosecutors and defense attorneys have concluded private questioning of individual jurors in the double-murder retrial of Roderick Washington.

Washington is accused in the 2006 double-murder of Jeffrey and Alexis Sosa in Cape Coral. He faces two charges each of kidnaping and first-degree murder, and was convicted of two counts of aggravated battery with a deadly weapon during his first trial.

As a result of the questioning, 17 of 55 potential jurors were excused for various reasons. Two jurors said that for religious reasons they could not judge other people.

One potential juror was excused after he told Reese he knew several witnesses as schoolmates, including co-defendant Cody Roux, who pleaded guilty to two counts each of kidnaping and aggravated battery with a deadly weapon in 2008 in exchange for a 14-year prison sentence. The juror also told Reese he knew the Sosas through mutual friends.

Despite defense attorney Paul Sullivan’s motions to dismiss potential jurors with knowledge of Washington’s recently received 30-year prison sentence, those jurors were allowed to stay for the time being.

Jurors are now being asked biographical questions in open court, after which lawyers will be given the opportunity to address the jury.




1:45 -- Attorneys search for bias in potential Washington jurors; closed-door questioning continues


Jury selection in the double-murder retrial of Roderick Washington has resumed following a break for lunch.

Lee Circuit judge Thomas Reese and attorneys are questioning potential jurors in a private room behind the courtroom. Also present are a court stenographer, a bailiff, a court reporter and several media reporters.

Reese is asking each juror if they have heard of the case, if they have formed opinions, if they can be impartial and if they are able to sit on a jury for multiple days, likely into next week.

The defense has asked several jurors if they have heard of the ‘Cash Feenz,’ the alleged gang accused in the beating, torture and killing of Alexis and Jeffrey Sosa in 2006.

Several jurors have heard of Washington’s case through news reports.

Two jurors have been excused due to their knowledge of Washington’s recent sentencing of 30 years in prison for two counts of aggravated battery with a deadly weapon. Another juror, for whom today is the anniversary of his son’s murder, was excused due to his inability to be impartial.

Jury selection continues.




11:30 -- Jury selection continues in Washington double-murder retrial; some admit bias


Potential jurors in the double-murder retrial of Roderick Washington are being questioned by attorneys privately as other perspective jurors chat quietly or read in the courtroom gallery.

Attorneys will select 12 jurors with two alternates, the same number of jurors to try Washington’s first trial in May.

Washington is being tried for the 2006 double-murder of Jeffrey and Alexis Sosa. Washington is among 10 individuals charged in the incident. He was convicted of two counts of aggravated battery with a deadly weapon during the first trial, and was sentenced to 30 years in prison Tuesday as a result of the conviction.

Washington will be retried on two counts each of first-degree murder and kidnaping, charges for which the jury in trial number one could not determine a verdict. He faces a life prison sentence if convicted.

In open court, several potential jurors expressed concern they might be unable to withhold bias against Washington while deliberating his case. A woman who teaches at Challenger Middle School said she was biased against Washington because the Sosas had been students at the school, and she followed the case closely. Another man expressed his grief on the anniversary of his son’s murder, stating he likely could not be impartial.

Assistant State Attorney Bob Lee told presiding Lee Circuit judge Thomas Reese he anticipated the prosecution’s case would last 2 to 3 days. Paul Sullivan, Washington’s defense attorney, stated he was unsure at this stage in the trial about the duration of his defense.

The jurors will likely break for lunch at noon and return to the courtroom at 1 p.m. to resume questioning.


10:30 -- Jury selection begins in Washington double-murder retrial

Fifty-five potential jurors will soon be brought into a Lee County Justice Center courtroom to begin jury selection in the Cash Feenz double-murder retrial of Roderick A. Washington.

Washington is one of 10 co-defendants in the beating, torture and killing of Jeffrey and Alexis Sosa at a 2006 house party by a rap group and alleged gang known as the Cash Feenz.

He is accused of holding a gun on the Sosas as they were tied up and tortured by several others at co-defendant Kemar Johnston’s Cape Coral home.

Washington was found guilty of two counts of aggravated battery with a deadly weapon during his first trial in early May. However, jurors were unable to determine guilt on four other counts, two first-degree murder counts and two counts of kidnaping.

Judge Thomas Reese, who is presiding over Washington’s trial this week, sentenced him Tuesday to served two 15-year prison terms consecutively, for a total of 30 years. Washington must serve the sentence regardless of the outcome of his second trial, which will focus on the remaining four counts.

Several family members from both the Sosa and Washington families are present in the courtroom this morning as Washington and attorneys quietly await the arrival of the jury.

Murder retrial to start for ‘Cash Feenz’ defendant; Convicted of battery counts in May

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 7/8/09

A minimum sentence of 30 years in prison and a maximum sentence of life - this is the reality Roderick Washington must face as he sits before a jury of his peers for the second time.

Jury selection for Washington's retrial as one of 10 defendants in the 2006 "Cash Feenz" murders of Alexis and Jeffrey Sosa begins today before Judge Thomas Reese.

Reese saw Washington go to trial the first time in his Lee County courtroom in early May.

Washington was tried in the brutal kidnapping, torture, beating and killing of the Sosas that authorities said began at co-defendant Kemar Johnston's birthday party and ended in a north Cape Coral industrial park, where the Sosas were fatally shot.

After nearly a day and a half of deliberations, jury members convicted Washington of two counts of aggravated battery with a deadly weapon - a knife - during the first trial.

However, jurors were unable to reach a decision regarding whether Washington was guilty of two counts each of kidnapping and first-degree murder.

The state filed for a retrial May 28.

Washington was sentenced Tuesday afternoon to two consecutive 15-year prison sentences for the aggravated battery counts, which he must serve regardless of the outcome of the retrial, said State Attorney's Office spokesperson Samantha Syoen.

Syoen said the retrial will focus on the four remaining charges. Jurors will be asked to determine Washington's guilt or innocence based only on the remaining counts against him.

Washington is the second defendant to be convicted in the Sosas' killings. Co-defendant Ashley Toye was sentenced to life in prison in 2007.

Paul Sullivan, Washington's defense attorney, could not be reached for comment Tuesday afternoon.

Washington's retrial begins at 9 a.m.