A man accused of killing his wife at a Cape Coral day care three years ago appeared in court as he asked a judge to allow him more money than the state pays for a mitigation specialist.
A specialist is used to investigate the defendant’s past, family history, mental health and other factors that can be used to convince a jury not to recommend a death sentence if convicted. Dunn faces the death penalty if convicted of first-degree murder, first-degree armed burglary and child abuse in the Jan. 25, 2008, killing of Christine Lozier-Dunn at Bobbie Noonan's Child Care.
Because Dunn’s defense is being paid by the state, the Justice Administrative Commission sets the rate at $40 per hour. But most specialists won’t work for less than $100 per hour, argued one of Dunn’s attorneys, David Brener DDU.
After a hearing about the issue, Lee Circuit Judge Margaret Steinbeck reserved making a decision on whether to allow a higher rate of pay for the position.
Dunn is scheduled to go to trial Nov. 7.
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