DADE CITY - A 36-year-old man convicted of murder and sentenced to death more than 15 years ago will get an opportunity to fight for his life at a new sentencing hearing.
Gregory Keith Capehart was convicted in 1989 of the Feb. 4, 1988, first-degree murder of Marlene Reaves, 62, at her Dade City home. Capehart broke into Reaves' home and smothered her with a pillow. He stole $3 in change.
Defense attorneys from Capital Collateral Regional Counsel, the state agency that defends death row inmates, argued that Capehart's original attorney, A.J. Ivie, was ineffective and that Capehart is mentally retarded, something that should have been argued at sentencing.
Prosecutor Phil Van Allen told Circuit Judge Wayne Cobb on Wednesday that the state could not defend Capehart's original defense effort because Ivie continues to suffer effects from a stroke and could not recall details from the trial if called as a witness.
Cobb set no immediate date for a resentencing. He said the conviction itself would stand.
Van Allen said Capehart will remain in state prison and could be sentenced to death again, or he could be sentenced to life in prison.
