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TMCNet:  Judge won't allow jurors to tour murder scene at retired OPD cop's house

[February 01, 2013]

Judge won't allow jurors to tour murder scene at retired OPD cop's house

Feb 01, 2013 (Orlando Sentinel - McClatchy-Tribune Information Services via COMTEX) -- The jurors who will decide the fate of retired Orlando police officer Timothy Davis Sr., charged with killing his son, will not be allowed to visit the scene of the crime, a judge ruled this morning.

Davis Sr.'s lawyer wanted jurors to tour the Apopka home where prosecutors say Davis killed his son in a fit of rage in October 2011. Defense attorney Robert Nesmith argued that the video surveillance and photos of the crime scene do not accurately depict the area and he wanted jurors to see it firsthand.

Orange Circuit Judge Jenifer Davis denied the motion.

Nesmith's motion to compel WFTV-Channel 9 to turn over video from an earlier hearing on Davis Sr.'s request for immunity under Florida's "stand your ground" law was also denied. Davis Sr.'s "stand your ground" claim was denied in November.

Davis Sr. is accused of killing his son during an argument at his home on Kings Eagle Lane. During the fight, prosecutors say Davis Sr. walked outside, retrieved a handgun from a car and opened fire -- striking his son twice in the torso.

Davis Sr., 48, claims his son injured him in a fight inside the home, then followed him outside and approached threateningly. Davis Sr. argues he fired in fear for his life.

The case is set for trial later this month.

Jeff Weiner contributed to this report. or 407-420-5620.

___ (c)2013 The Orlando Sentinel (Orlando, Fla.) Visit The Orlando Sentinel (Orlando, Fla.) at Distributed by MCT Information Services

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