The State Attorney’s Office says it will not pursue the death penalty against John Jonchuck, the man accused of throwing his young daughter to her death off the Dick Misener Bridge.
“The state has elected to waive the death penalty in this case,” Assistant State Attorney Doug Ellis told Judge Chris Helinger at a hearing on Monday.
Prosecutors wouldn’t elaborate why they reversed their decision after the pretrial motion hearing Monday.
Jonchuck is charged with first-degree murder in the death of his 5-year-old daughter Phoebe Jonchuck.
At about midnight on Jan. 8, 2015, authorities said Johnchuck dropped Phoebe off the Dick Misener Bridge in St. Petersburg.
The case sent shockwaves around the Tampa Bay area and spurred calls for the death penalty.
In a phone conversation, Chief Assistant State Attorney Bruce Barlett said they feel they have a better chance if jurors focus more on the case, instead of distracting them with the death penalty.
In other pretrial motions, the defense wanted jury selection taped.
“We know that the transcript is the record on appeal. We’re asking that the video tape be made a part of the record on appeal and there’s no legal reason why that can’t happen,” said defense attorney, Jane McNeill.
Prosecutors opposed the motion.
Ellis said, “We would cause them to change their demeanor, cause them to perhaps change their answers.”
Judge Chris Helinger denied the motion.
“I think it’s a gross invasion of their privacy. It’s gonna be hard enough to get people to be candid. Some people aren’t going to want to be here. Some people are going to be afraid about who knows who they are, and then we’re going to shove a camera in front of their face. And then we’re gonna tell them, ‘oh don’t worry, this won’t be apart of the official record, nobody will ever see it again.'”
Judge Helinger did grant the defense their motion to get Jonchuck’s cell phone from the police department for inspection.
The phone has to be turned over by 8 a.m. Wednesday.
Attorneys decided to wait to discuss other motions including victim impact statements and jury questionnaire.
The trial is expected to start Sept. 24.
Now if found guilty, Jonchuck will be sentenced to life in prison without parole.
