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Overton Loses Appeal by SEAN KINNEY Killer Sought Conviction Reversal, Overton, [email protected] a Service- Last Recourse Is U.S

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Overton Loses Appeal by SEAN KINNEY Killer Sought Conviction Reversal, Overton, Skinney@Keynoter.Com a Service- Last Recourse Is U.S Visit us: Mile Marker 81.5 Bayside Islamorada, FL 33036 | 305.664.3431 | www.caribeeboats.com WWW.KEYSNET.COM WEDNESDAY,AUGUST 14, 2013 VOLUME 60, NO.65 25 CENTS IN THE COURTS IN THE COURTS Overton loses appeal By SEAN KINNEY Killer sought conviction reversal, Overton, [email protected] a service- last recourse is U.S. Supreme Court station clerk Thomas Overton, a Death who moon- Row inmate considered tences for the couple’s slay- tainted. lighted as a among the most notorious ings and 15 years for killing In April 2012, Monroe burglar, was killers the Florida Keys have their unborn child. He’s also County Circuit Court Judge always con- ever produced, has lost his doing life for burglary and Mark Jones, who presided sidered the latest appeal of his convic- sexual battery. over his trial, upheld main sus- tion with an Aug. 8 Florida In his appeal to the Overton’s death sentences, OVERTON pect in the Supreme Court decision. Supreme Court, Overton calling his claims “absolute- deaths. He was finally Overton, 57, has been on made largely the same argu- ly baseless” and “devoid of linked to the crimes after Florida’s death row since ments he did in his failed merit.” detectives obtained a DNA being convicted in 1999 of appeal of his death sen- “He has exhausted all sample from his blood while first-degree murder in the tences. Among them: That state-level appeals,” he was in custody in Aug. 22, 1991, deaths of possible witness Sandra Assistant Monroe County November 1994 on a burgla- Photo by BERT BUDDE Michael and Susan “Missy” Shaw should have been State Attorney Mark Wilson ry count. MacIvor and their unborn allowed to testify and that said. “All that’s left for him The MacIvors were Surrounded by Sheriff’s Office deputies, Jonathon child during a break-in at the the testimony for the prose- is federal habeas,” meaning found in two separate rooms LeBaron is fingerprinted after entering court Monday. family’s Tavernier home. cution of former fellow a U.S. Supreme Court He got two death sen- inmate James Pesci was review. See Overton, 6A Judge spares BACK TO SCHOOL killer’s life lawyers. He betrayed no LeBaron gets life nervousness. Two spectators as Jones goes sat in the back of the room. “I can’t imagine what it against jury must feel like to be in that guy’s shoes right now,” a By DICK WAGNER photographer whispered. Keynoter Contributor Death or life in prison? “It could go either way,” Chief Not knowing that this Assistant State Attorney would, in a way, be his lucky Manny Madruga said as he day, convicted murderer awaited the proceedings. Jonathon LeBaron walked in At 11:30, as the bailiff handcuffs into Courtroom B called “All rise,” Jones came at the cool, pleasantly lighted in. Silver-haired, 60ish and Freeman Justice Center in bespectacled, he sat in a Key West just after 11 on leather chair and intoned, Monday morning. “All right, Mr. LeBaron, A short 36-year-old man come forward.” with a pale complexion and a LeBaron and his lawyers receding hairline, he wore walked up to face the judge, blue jail garb and, as he was who said, “I’ve been presid- ing over this case for more fingerprinted, was immedi- Keynoter photo by RYAN McCARTHY ately surrounded by seven than four years. I can tell Monroe County Sheriff’s you, sir, I’ve given this mat- Monroe County School District employees from up and down the Keys sport their school colors Tuesday morning Office deputies. ter lengthy consideration. during a welcome-back event at Marathon High School for the district’s roughly 800 workers. Students return on On Feb. 10, 2009, Mr. LeBaron, you murdered Aug. 19. LeBaron beat and stabbed to Mr. Gardner. Words can not death a beefy Cape Coral do justice to the gravity of man named Richard Gardner that act.” ON THE WATER on Gardner’s boat at the His voice tinged with Oceanside Marina on Stock emotion in the nearly empty Island. This May, he was courtroom, Jones went on: convicted of premeditated “You have to answer to the Fishery council open to S. Fla. zone murder and robbery. The jury people of the Florida Keys then recommended, by an for this hideous offense. I’m By KEVIN WADLOW “I’m pretty serious about resulted in “a lot better infor- Florida. 11-1 vote, that Monroe the voice of the people and Senior Staff Writer this South Florida thing,” mation,” Hartig said. “The “That’s problematic,” the voice of the law, sir. I’ve County Circuit Court Judge [email protected] said Ben Hartig, one of recommendations came from said Hartig, a Hobe Sound Mark Jones sentence sentenced men to death and Florida’s appointments to the the public. It worked really commercial fisherman with a LeBaron, from Utah, to die to life. It’s not about me, it’s Creating a new South multi-state South Atlantic well.” master’s degree in fisheries for his crimes. the law. I’m the mouth- Florida fishing zone with council. As it stands now, Keys biology. Now, it was the day of piece.” standardized rules could be a Early workshops on the commercial fishers and The South Atlantic coun- reckoning. LeBaron, as press Jones mentioned the welcome step toward more push to establish a zone that recreational anglers on a sin- cil regulates 75 species of cameras clicked, smiled and jury’s 11-1 recommendation regionalization, members of could include the Florida gle trip feasibly could cross fish and marine life in feder- chatted with the deputies for the death penalty and the South Atlantic Fishery Keys, Southwest Florida and waters with three different al ocean waters from North before they led him to the said, “I’m obligated to give Management Council said at the Atlantic Ocean coastline sets of rules adopted by the Carolina to Key West. That defense table, where he sat a Thursday hearing in Key up to Central Florida saw a federal South Atlantic and with his three Miami See Lebaron, 2A Largo. “more relaxed format” that Gulf of Mexico councils, and See Fish, 2A ELECTION 2013 Ballot is set in November’s Marathon City Council election Candidate qualifying for the pair. fee on the first day of the out there and collect money too concerned; I’ll go on An incumbent the Nov. 5 ballot closed at Keating’s term is expir- city’s weeklong qualifying if you don’t need to, but my record and what I’ve and two others noon Tuesday in Marathon, ing, and Mayor Mike period. now we’re going to have a accomplished,” he said. while residents have until Cinque is being term-limit- Keating said he’s not campaign to run so we have The cost to join the elec- have qualified Friday to enter the race in ed out after three two-year upset to see an opponent to get it going,” he said. tion late in Layton is much Layton. terms. Marathon elections qualify so close to the dead- Worthington served less steep, just $50 com- By RYAN McCARTHY It was looking increas- are at large, so the top two- line. “That’s our system and three straight terms from pared to Marathon’s $720. [email protected] ingly like two-term incum- vote getters of the three I embrace it. It’s going to be 2006 through 2012 before Qualifying in the Keys’ bent Councilman Richard candidates will be elected. up to the voters of being termed out during smallest city began on Aug. The race is officially on Keating and former Mayor No one entered the race Marathon,” he said. 2013. His only campaign 5 and ends at noon Friday. for two open Marathon City Pete Worthington would prior to the July 9 deadline Keating also said it’s contribution has been a Incumbents William Council seats, while it run unopposed in to submit the required 59 time to start attempting to $500 loan to himself. Murchie (Seat 1), Gregory appears three incumbents Marathon, but business petitions to the Monroe raise campaign money. His “I haven’t gotten any Lewis (Seat 3) and Philip are in for stress-free re- owner and political new- County Supervisor of only contribution thus far is free rides since I’ve been Porter (Seat 5) are so far election to their posts in comer Mark Senmartin Elections, but Senmartin a $100 loan to himself. running for these and this is running unopposed. Layton. filed last week to challenge chose to pay the $720 filing “You don’t want to go my sixth election. I’m not INDEX Printed on 100% Classifieds . .3B recycled newsprint Plane goes Too much Living . .1B CONTENTS © 2013 down lobster Business . .5A KEYNOTER PUBLISHING CO. A Key Colony Beach man Five men are busted when, Obituaries . .2A escapes injury after he has acting on a tip, state Opinion . .4A to ditch his plane in Card marine officers find they Sports/Outdoors . .1B Sound in North Key Largo. have 249 lobsters over the Story, 6A allowable limit. Story,6A Crossword . .2B 7786790 22222 2A Wednesday, August 14, 2013 KeysNet.com Keynoter NEWS BRIEFS Panel open to idea ON THE WATER Forum focuses on From Fish, 1A Florida could draft region- Overall fish plans sought reef, economics al rules acceptable to the The environmental expanse creates a lot of three jurisdictions, they By KEVIN WADLOW “Sometimes it seems the Rather than formal hear- group Last Stand and a differences in fishery said.
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