Resentencing hearing delayed for killer - Fox29 WFLX TV, West Palm Beach, FL-news & weather

Resentencing hearing delayed for killer

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Attorneys for a Port St. Lucie man said Monday their client needs to be seen by a neuropsychologist before a resentencing hearing can take place.

Victor Brancaccio was 16 when he killed 81-year-old Mollie Mae Frazier in 1993 after she criticized the rap music he was listening to.   After using his fists and radio to beat her, Brancaccio spray-painted, and burned the body.

During a retrial in 1999, famed attorney Roy Black tried to convince a jury that the anti-depressant Zoloft made Brancaccio legally insane.  The jury disagreed.

On Monday, Brancaccio's attorney Barbara Kibbey Wagner requested a resentencing hearing for March or April. Prosecutors said a separate hearing first needs to be set for the neuropsychologist request.

The Florida Supreme Court ruled last year that those serving life for crimes served as juveniles should be resentenced under new guidelines.

State law now says a juvenile convicted of capital murder could get a life sentence after a hearing to determine if life is appropriate.  If it’s not, the juvenile gets a minimum 40 years with a review after 25.

One of Brancaccio’s life sentences, for first degree murder, allowed a chance for parole after 25 years.  The other, for kidnapping, allowed for no parole.

 

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