Wisner Desmaret's attorney files motion seeking new trial, judgment of acquittal
A man facing life in prison after a Lee County jury convicted him April 12 of fatally shooting a Fort Myers Police officer seeks a new trial.
Lee Hollander, who remained standby counsel for Wisner Desmaret, 34, during his capital murder trial, filed the motion. He's now Desmaret's attorney for appellate purposes, Hollander confirmed during a phone interview Thursday afternoon.
Desmaret was convicted April 12 of fatally shooting officer Adam Jobbers-Miller, 29, on July 21, 2018. Jobbers-Miller had responded to a report of a stolen cellphone. Desmaret ran as Jobbers-Miller pursued him. After a scuffle, Desmaret him twice in the head with Jobbers-Miller's gun. He faces sentencing on June 5.
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The motion, filed Wednesday, claims the court made a mistake by finding Desmaret competent to stand trial on two occasions — Jan. 22, 2020, and Feb. 16, 2021; allowing Desmaret to represent himself despite admitting on record during trial he was hearing and listening to 'voices;' and denying Desmaret's pretrial motion for change of venue filed Aug. 16, 2022.
Desmaret had sought to move his trial out of Southwest Florida, citing media coverage in the case.
Hollander now requests either a new trial or a judgment of acquittal on the charges.
A Lee County jury recommended April 14 life in prison without the possibility of parole for Desmaret, convicted in the 2018 murder of Fort Myers police officer Adam Jobbers-Miller.
Desmaret had represented himself in the trial. He briefly looked down and turned to look at his family before questioning Lee Circuit Judge Robert R. Branning about what would happen.
After jurors were dismissed in the case, Desmaret continued to express fear of being framed.
The same jury had found Desmaret guilty on eight counts in the slaying: first-degree murder of a law enforcement officer; resisting an officer with violence; robbery; depriving an officer of their means of protection or communication; attempted first-degree murder of a law enforcement officer; aggravated assault on a law enforcement officer; burglary of a conveyance; grand theft; and aggravated assault on an officer, firefighter or EMT.
Desmaret said he was only searching for a firearm he feared three men had in their car.
Desmaret said his mind told him to stop the gun. He claimed the men from the car told Jobbers-Miller to kill him and claimed he was the target.
"I never planned to kill nobody that day," Desmaret has said.
Tomas Rodriguez is a Breaking/Live News Reporter for the Naples Daily News and The News-Press. You can reach Tomas at TRodriguez@gannett.com or 772-333-5501. Connect with him on Twitter @TomasFRoBeltran, Instagram @tomasfrobeltran and Facebook @tomasrodrigueznews.
This article originally appeared on Fort Myers News-Press: Wisner Desmaret wants new trial, acquittal in Fort Myers officer death
