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FL Supreme Court Hears PCB Cop Killer Appeal
11/05/08 - 03:49 PM
WMBB News Department
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click for larger image Bay County, Fla:

Florida’s highest court hears the case of a man sentenced to death for killing a Panama City Beach Police officer.

Robert Bailey, 26, of Wisconsin was convicted of first degree murder and resisting an officer with violence in April 2007.

Bailey shot and killed police Sgt. Kevin Kight during a routine traffic stop in March 2005.

Today the florida supreme court heard arguments from attorneys for bailey and the state of florida.

Bailey’s attorney says the justices should strike down Bailey’s death sentence, because Bailey’s mental condition should be a mitigating factor on his sentence.

“What Dr. Prichard testifies to at penalty phase is he thinks Bailey has succeeded in fooling some of these people, that there was never been a historic definition of bipolar,” assistant Florida attorney general Charmaine Millsaps told the court during oral arguments.

“There was no indication that a completion of a bipolar diagnosis was made. The bipolar symptoms and questioning came through assessments, evaluations that were made when he was in prison,” responded Bailey’s attorney, W.C. McLain, an assistant public defender.

No word on when the court will rule in the case.

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