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GUILTY: Jury Decides Branham's Fate In 30 Minutes

Kathy Waters/Highlands Today

Jodi Beatty, a former paralegal for Janette Branham, lets her emotions go after the jurors reached a verdict on Wednesday.

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By Dan  Fearson | Highlands Today

Published: September 13, 2007

Branham Trial Photo Gallery

WAUCHULA — It took a week and a half to go through court proceedings, but it only took jurors 30 minutes to find Michael Branham guilty of first-degree murder.

Emotion swept through the Hardee County Courthouse Wednesday afternoon. It was painful and joyous reminder of the life of Janette Branham from her family members and friends.

"I want to thank (Michael Branham) for the joy he brought to our family when he first met (Janette)," said Kathy Seamans, Janette's mother. "I have forgiven him. I speak only for myself, and I do so, so that our hearts will not live in the black hell that his has. It doesn't mean I like him or want to have anything to do with him."

Seamans, along with other family members, were allowed to speak before Judge Michael Hunter after a 12-member jury announced their guilty verdict.

Branham, a former Avon Park police officer, shot his wife, Janette, 40, a prominent Highlands County attorney, 13 times in July 2005.

Jury Instructions

Jurors were given instructions from Judge Hunter, as to how to elect a foreperson, and the rules behind each verdict they could have rendered. Shortly after the jurors ate lunch at 1 p.m., they deliberated and came back with a verdict, which was announced around 2:15 p.m. They were not allowed to deliberate or talk about the case during lunch.

"This was a rather quick verdict," said Assistant State Attorney Steve Houchin. "I thought the case was strong, though."

Houchin said that Branham will have 30 days to appeal the ruling, which he will more than likely do.

Defense attorney Larry Shearer waived Branham's right for a pre-sentence investigation, and Judge Michael Hunter sentenced him to life in prison without the possibility of parole.

Branham sat shackled in a wheelchair showing no emotion as the verdict was read and as Hunter went over his sentence. He declined to make a comment when asked by the judge if he had one for the family members who were present.

"All (Janette) wanted was for (Michael) to cut his hair, shave, and to quit degrading her and the family," said Mary Wiltgen, Janette's sister. "She wanted him not to become an outlaw."

Wiltgen said that Michael abused Janette and that the domestic violence that was involved with the marriage became too much for her.

"She loved her husband in the week prior to her death," said Wiltgen. "But she couldn't live with him anymore."

"(Janette) is free forever and 'Tiny' (Branham's nickname) you are not," said Patty Seamans, Janette's sister-in-law.

Before The Verdict

Jurors came into the courtroom Wednesday morning at 9, day seven of the trial, and were immediately presented with closing arguments from attorneys.

Most of the prosecution's closing arguments focused on the evidence they presented in previous trial days.

"(Michael) had blood on his hands literally and he has blood on his hands figuratively," said Houchin. "He had blood on his hands that night because he was making sure (Janette) was dead."

Branham claimed that he shot Janette in self-defense, and said that she was approaching him with a metal object he later identified as a pair of scissors.

Houchin focused his arguments on how no blood was found in the living room, even though Michael said Janette was approaching him in that direction. He mentioned that Branham moved from the chair where he was sitting and shooting, and that he continued to shoot Janette with his Glock handgun, as she moved out of his line of sight.

"Was it necessary for the defendant to continue to use deadly force? Evidence would suggest to you that he continued to shoot and advance towards her," said Houchin. "Michael Branham shot that gun 13 times and he hit his target 13 times."

A key witness for the prosecution was James Kelly, a Lakeland attorney. Houchin mentioned several times how Branham told Kelly the week before Janette's death that he was going to kill her.

Houchin also focused on Kelly's girlfriend, Martha Harrell, who spent time with Branham in a car in the hours following Janette's murder.

Harrell said that Branham asked what time it was shortly after her arrival at the house, and she told him that it was not yet midnight. "So, it's still the 26th and half of 26 is 13. Jani and I have been married 13 years. Our anniversary is the 13th. Everyday is 13s. It's all 13," said Harrell, quoting Branham. Houchin mentioned this several times before the jurors.

"Thirteen was important to the defendant. It's spooky, it was a theme to him," said Houchin. "He was counting his shots as he was pulling that trigger. How poetic, (Janette) was going to leave after 13 years of marriage."

The Defense

Shearer's defense arguments relied mostly on trying to put doubts in the mind of jurors. He mentioned several times that they could not find Branham guilty unless they thought he was beyond a shadow of a doubt.

"The law requires that you listen to the evidence from a presumption of innocence," said Shearer. "I ask you to please keep perspective in mind."

Following The Verdict

"I want to thank the Highlands County Sheriff's Office and everyone who helped us out for their assistance in this process," said Houchin. "This took two years. I think things went as smoothly as could be expected."

"I've been (an attorney) for 27 years, and I've never known a slam-dunk case for sure going into a trial," said Houchin. "But there sure was a lot of evidence in this case."

Janette's family members said that they will continue to celebrate her life. They mention that they have been celebrating her "birthdays in heaven" the last two years.

"We have a beautiful family," said Kathy Seamans. "Everything (Janette) stood for will live on in the hearts of our family (members)."

What's Next For Branham?

As for Michael Branham, Houchin and the staff at the Hardee County Clerk of Court's felony division said he will remain in the Hardee County Jail until sometime this week. Once he's processed, he should be taken to the Orlando Reception Center, where all of the county's convicted felons are taken. There, he's evaluated and then assigned a prison within the state. The officials here can't say which prison he would go to from here, but it will be within the state.

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