Michael Dunn’s attorneys have asked that their client’s prison sentence for attempted murder be delayed until after he’s retried for murdering 17 year old unarmed teen Jordan Davis.
Dunn was convicted of attempted murder for firing into the vehicle that Davis and his three friends were in, but he was not found guilty of murder for firing the shot that killed Davis. Judge Russell Healey declared a mistrial after the jury deadlocked on whether to convict Dunn of killing Davis.
Although he faces up to 60 years in prison, Dunn’s attorneys are asking that the judge not sentence him until after their client is retried. Dunn’s attorneys argued in a motion filed this week that it would be unfair to sentence Dunn, whose hearing is scheduled for March 24, before his retrial.
Dunn’s attorney, Cory Strolla, argued that his client could not testify at a sentencing hearing because it would place him “in a very precarious legal dilemma regarding his 5th Amendment Right against self-incrimination.”
Strolla argues that his client is now in a catch 22 situation, where he cannot speak on his own behalf during sentencing for fear of incriminating himself, but could make matters worse by not speaking at his sentencing.
Jordan Davis’ parents oppose a delay in Dunn’s sentencing. State Attorney Angela Corey declined to comment on Dunn’s motion for a postponement of sentencing.
“A jury of 12 found Mr. Dunn guilty and we hope that decision is treated with the respect it deserves,” said John Phillips, attorney for Davis’ parents.