Defense files motions to block death penalty in James Rhodes case

Man accused of killing 20-year-old cellphone store clerk set for trial in August

JACKSONVILLE, Fla. – Defense attorneys for a man accused of gunning down a Metro PCS clerk in 2013 filed Friday several new motions to keep the State Attorney's Office from seeking the death penalty.

James Rhodes' lawyers asked the trial judge to declare Florida's death penalty law unconstitutional on several grounds. His attorneys content the jury verdict must be unanimous. 

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Another motion filed by Rhodes' attorneys said the fixed made by the legislature after the U.S. Supreme Court's ruling cannot be applied retroactively to those sentenced to die under a law that was ruled unconstitutional. 

Gov. Rick Scott signed into law in March a measure designed to fix the state's death penalty sentencing process after it was found unconstitutional by the U.S. Supreme Court. The new law requires a jury to vote at least 10-2 for someone to receive a death sentence.

Rhodes' public defender has repeatedly tried to get the state to accept a plea deal with Rhodes that would take the death penalty off the table.

The State Attorney's Office said it will continue to seek the death penalty against Rhodes, who is charged with first-degree murder in the shooting death of 20-year-old Shelby Farah  during a robbery of a Brentwood cellphone store.

Police said that after several hours of questioning, Rhodes confessed.

Farah was found dead after officers responded to a report of an armed robbery at the store on Main Street near 21st Street, police said. 

Police said Rhodes pointed a gun at the 20-year-old and demanded money. They said she cooperated and after she handed him the last bit of money, he fired four rounds, killing her.

In March, Judge Tatiana Salvador set Aug. 29 as the date for jury selection in the trial. The final pretrial date will be Aug. 22.

There will be a pretrial hearing at 1:30 pm. July 11 to discuss dozens of motions by the defense regarding the death penalty.

Rhodes' trial had been set to begin May 2, but it was pushed to back because of the new state legislation on the death penalty.