SENTENCING: FL v. Alicia Andrews | Julio Foolio Murder Trial

Añadido: 2026-05-23

[00:00:00]not intending to call any witnesses. Is that correct?

[00:00:02]>> That's correct.

[00:00:03]>> All right. Um so I'll let the state present arguments with respect to the recommendation for sentencing.

[00:00:08]>> Yes, your honor. We did um also receive the defense motion to take judicial notice where they listed I think eight different cases.

[00:00:16]>> I saw that was filed in the court just for the record May 8th of 2026.

[00:00:20]>> And judge I noticed that they were either manslaughter cases or leaving the scene of death. However, upon reviewing them, um, we did note that they are clearly distinguishable from the facts of this case, the majority of them were negotiated please and had reasons for a downward departure. Some of them were um, that was the only reason was a negotiated plea. Um, others were mental disorder or unsophisticated manner, isolated incident. And judge, we would argue that those are completely separate and distinct from the facts that you have in front of you, judge. Um, this case was um originally filed as a murder, too. The jury has spoken and we respect the jury's verdict. They have found her guilty of a manslaughter. Um, but still, the facts of this case are egregious. We are talking about a person who was hunted down. um the people that actually pulled the trigger, they're going to be um sentenced later and held responsible for that. But what we're asking the court to do is to give this defendant accountability for her participation in this crime. And we are going to be asking for um she scores at bottom of the guidelines 9 years um prison, Florida State prison. And we're going to be asking for a 15-year prison sentence based on the ser ious nature of this of this particular case and the way that it was um conducted and carried out and also based on the mother of the victim in this case also wanting a serious sentence reflective of the facts and nature of this particular case judge.

[00:02:04]>> All right, thank you defense.

[00:02:07]>> Yes, thank you judge. So we are asking the court not to give a 15ear sentence in this case. We're asking the court actually to depart downward 921.26 section 2 B judge and that section specifically states the defendant wasn't accomplished to the offense and was a relatively minor participant in the criminal conduct. We believe that applies here.

[00:02:33]We also believe there are some other subsections that apply, but that one in particular um just based off of the jury's burden in this case where there are four other codefendants who were uh convicted of higher much higher offenses that were actually facing the death penalty. The state recognizes that there was a difference between those codefendants and Miss Andrews and the fact that they were convicted and are likely to be sentenced or will be sentenced to life in this case. Um, Miss Andrews's role after having read all the transcripts and gone to the trial is very much minor when compared to those codefendants um, in this case. So, we're asking the court to go below the guidelines. The reason why I cited or filed a motion to take judicial notice of the eight cases that I did send over to the court is not because those cases are mirror images of this case. This case is probably a unicorn. I'm not based off of the motions that we filed, right? the motions for retrial and motions for reconsideration. Judge, we obviously believe that the facts of this case don't amount to a manslaughter charge. There was no manslaughter here at all in this in this case. Uh and that was argued out in the motions and so I won't go over that. But this case to find another case that's exactly like it was not really our intent, but we don't know that that would actually fair it out. Uh but that's not really our intent. The intent of filing a motion to take judicial notice of these eight cases is to a range of different sentences for people who've been convicted of either manslaughter or some sort of act that resulted in a death that wasn't an intentional act. Um, and so all of those cases, uh, if we go down the list, right, state of Florida versus Van Go Steedman, U, that individual received seven years in the Department of Corrections followed by eight years of probation. He scored exactly the same amount of total sentencing points as Miss Andrews. And in that instance, he uh made a statement, a spontaneous statement at the scene to officers that he shot him. I shot him is what were his words, right? Um in a situation like that, that's more obviously more egregious than any acts that Miss Andrews is accused of doing or committing. Um going down the line, uh Francisco Beeo, uh the state of Florida, that was a 2000 case. In that situation, the victim was uh shot numerous times outside of a trailer park and was initially the the defendant was initially charged with seconddegree murder. He pled down to manslaughter. He received a 5-year sentence in the Department of Corrections. He had the same amount of uh total sentencing points as Alicia Andrew at 176. There are people who had even more total sentencing points. Uh Michelle Diane Young, uh that's the third case sited there. That individual had 180.2 total sentencing points. receive a fiveyear sentence in the Department of Corrections followed by 10 years of probation. And all of these individuals that I list and and I won't go through each one, but it's all attached to the uh to the motion tickets. You notice all of their score sheets, all of their u arrest affidavit, the judgment sentences. All these individuals, none of them got 15ear sentences. The state is asking for the max on someone who's never been convicted of anything before in her life. This is her first offense and for for reasons that are cited in the motions, the respon uh the replies, Miss Andrews will be taking an appeal on the case under on the jury decision and the um the rulings that were made in the trial, right? And so she does intend to uh have a new trial if the pled court grants it. So she's not testifying here today and no one else new witnesses are testifying here today for that reason.

[00:06:08]So, we're asking the court not to take into account the fact that Miss Andrews is not on the stand testifying or or uh or that her parents are not on on the stand testifying on her behalf. And we're asking the court to depart below the guidelines to give her a credit time, sir, and uh followed by 5 years of probation.

[00:06:26]>> Anything else from any uh either side before I impose sentence?

[00:06:30]>> No, your honor.

[00:06:30]>> No, >> all right. All right. Right. So, the court having um obviously reviewed the uh trial transcripts, the court file, uh all the evidence in this case, the pre-sentence investigation report, um the argument of counsel, it's the judgment sentence, and order this court to adjudicate the defendant guilty, sentence her to 15 years in the Florida State Prison. You have 30 days to appeal the judgment and sentence. If you cannot afford an attorney, one will be appointed to represent you. You all let me know when you're ready on Cassell, please. Okay. Thank you.

[00:07:07]question.

[00:07:23]Thank you so much.