The judge takes into account that the death penalty in the event of a murder in central florida is canceled due to evidence disputes

A judge is currently considering whether the death penalty in the case of David Barber, a former judicial officer who is charged with murder on 72-year-old Jessie Kirk, is supposed to tip over.

Barber and his legal team went back to court on Friday to argue against the death penalty.

They claim that the approval of specific evidence by the prosecutor could influence the decision of the jury that could affect the fairness of the process.

Barber's lawyers claim that the evidence submitted by the public prosecutor could influence a jury, which caused their push to remove the death penalty from the exam.

The public prosecutor claims that the publication of the information corresponds to the law of public records, which indicates that disclosure is legal and appropriate.

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