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Altersberger hearing continued until May 22

Highlands Today file photo

From left: Joshua Altersberger and his defense counsel Candy Murphy.

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By BRAD DICKERSON

Highlands Today

Published: May 9, 2009

Updated: 05/09/2009 08:35 am

BARTOW - Attorneys on both sides will return to Judge J. Michael Hunter's courtroom May 22 for the conclusion of the Spencer hearing for Joshua Lee Altersberger.

A Spencer hearing allows the defense counsel and the defendant to present any last testimony or make any closing statements before the judge considers a final ruling in a death penalty case.

Altersberger pleaded guilty to the Jan. 12, 2007 murder of Florida Highway Patrol Sgt. Nicholas Sottile during a traffic stop. On April 2, a Polk County jury made a 9-3 recommendation of death for the defendant.

Assistant State Attorney Steve Houchin said the defense put on two witnesses Friday, an investigator who testified how far it was from the Golden Corral in Lake Placid to the spot where Sottile was shot, and a civilian who drove by and saw some of what happened.

Houchin said the hearing was continued for two weeks since the defense's third witness was unable to testify Friday. Once the hearing is over, Hunter will consider all arguments before making his ruling as to Altersberger's fate.

Whether the defendant will offer any testimony is yet to be seen.

"He did not today, and they did not indicate that he ever would," Houchin said Friday.

Highlands Today reporter Brad Dickerson can be reached at 863-386-5838 or bdickerson@highlandstoday.com

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