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Highlands Today

BREAKING NEWS: State Seeks DeathPenalty In Arson-Murder

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By Dan  Fearson | Highlands Today

Published: September 27, 2007

SEBRING — State's attorneys will seek death penalty charges against the four people charged with the arson-related murder of Bryan "Red" Fanning.

Terrence Jerome "TJ" Barnett, 26, of Frostproof, Leeann Parker, 25, of Lake Wales, Brandon William "LB" Johns, 28, of Avon Park, and Arthur Aul III, 36, Avon Park, were all arraigned Thursday afternoon before Judge Michael Hunter in the Highlands County Courthouse for Fanning's Aug. 22 murder.

Prosecutors filed paperwork before the arraignment, stating that they would be seeking the death penalty. All are being charged with first degree murder, first degree arson, kidnapping and robbery.
All four entered not-guilty pleas during Thursday's arraignment. Hunter then set status conferences for Jan. 3, 2008, for all four.

Aul will be represented by the Tenth Judicial Circuit Office of the Public Defender, which cited conflicting interest in representing the other three charged. Because of the conflicts, Hunter assigned lawyers to the other suspects.

Barnett will be represented by Byron Hileman, of Winter Haven; Johns will be represented by Deborah Wells, of Bartow, and Parker will be represented by David Carmichael, of Bartow.

Investigators said that Fanning was "hog tied" inside his trailer home at 3301 DeSoto City Road, which was set on fire. The District 10 Medical Examiner's Office said that Fanning was alive when the fire was set, although it is unclear whether he died from burns or smoke inhalation.

Aul and Johns were arrested at the end of August. A grand jury found sufficient evidence to charge Barnett and Parker on Sept. 19 with Fanning's murder, while both were in Polk County Jail on unrelated drug possession charges.

Aul was the only suspect with representation during his arraignment. Attorney Bob Trogolo said that he will be filing motions on Aul's behalf challenging his indictment.

After Hunter assigned attorneys to the other three charged, he warned them not to talk to anyone, including other inmates at the Highlands County Jail where they are being held.

Altersberger Status Conference Set

Before Hunter sat over the arraignments of those indicted in the Fanning murder, Joshua Altersberger came before Hunter during a case status conference.

Altersberger is facing first degree murder charges for the January shooting death of Florida Highway trooper Sgt. Nick Sottile.

The public defenders office notified Hunter that they were scheduling their initial rounds of witness depositions for the trial, and that they had been working with prosecutors on maintaining witness lists.
A pre-trial status conference was then set for Jan. 3, 2008.

Hunter is currently the only judge in the circuit residing over murder trials.

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