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Judge tosses first-degree murder charge

There's nothing proving Laisha Landrum plotted to kill a teenage girl, the judge says.

By CANDACE RONDEAUX
Published January 13, 2006

TAMPA - Laisha Landrum may be guilty of something, but not first-degree murder, a judge said Thursday.

Hillsborough Circuit Judge J. Rogers Padgett threw out a first-degree murder charge against Landrum, saying the state had not presented enough evidence to prove Landrum plotted to kill 16-year-old Emily Clemons 18 months ago.

"She is probably a principal (in the murder) but "probably' doesn't do it," Padgett said of Landrum.

Moments before Padgett's pronouncement, silence fell upon the courtroom as Hillsborough prosecutor Donna Hanes struggled to fight the motion by Landrum's attorney, Brian Gonzalez, to acquit Landrum of first-degree murder.

But the judge's ruling elicited an explosion of joy and high-fives from Landrum's family, who leaped from their seats at Padgett's words.

Landrum, 18, who is also charged with tampering with evidence, still faces the possibility of serious consequences. Jurors must now weigh whether she is guilty of second-degree murder or possibly manslaughter or a lesser crime. If convicted of second-degree murder, Landrum could receive a maximum sentence of life in prison.

The ruling was a relief for Landrum's mother, Kchelle Landrum, who acknowledged that her daughter was troubled but said Landrum's boyfriend, Rocky Almestica Jr., was the real killer.

"I'm very thankful," she said. "My daughter was wrong for a lot of things, but she didn't commit a murder."

In November 2004, a jury convicted Almestica of second-degree murder after hearing hours of testimony about how he and Landrum used kitchen pots, a hammer and a boom-box to beat Clemons in June of that year. Investigators said Landrum then helped Almestica dump the girl - bruised but still breathing - into a trash bin at the Amaretto Apartments on N 22nd Street. She later died from her injuries.

Padgett, who was also the judge in Almestica's case, said he didn't find the prosecution's evidence as convincing this time around.

"You had a better case against the fellow (Almestica)," the judge said. "We don't know who did what" the night of Clemons' murder, he added.

On Thursday, jurors in Landrum's case heard similar testimony. Prosecutors showed them several gruesome photos of Clemons' injuries taken during an autopsy last year. Hillsborough associate medical examiner Jacqueline Lee said deep lacerations found on Clemons' head likely came from the claw of the hammer allegedly used to beat her.

But testimony about the severity of Clemons' injuries does not necessarily prove that Landrum intended to kill Clemons, one legal expert said. Stetson University College of Law professor and former Hillsborough prosecutor Nick Cox said rulings like the one Padgett made Thursday are uncommon but not unheard of. He said the higher standard of proof for first-degree murder can sometimes makes it tough for prosecutors to make their case.

"When you have pictures like that that show all these gruesome injuries people say, "Oh, well, you've got to convict her of first-degree murder,' " Cox said. "But in the appellate courts, judges have said you can't convict someone on the basis of the extent of the injuries you have to have more."

Both sides rested their cases Thursday. Closing arguments and jury deliberations are expected today.

Candace Rondeaux can be reached at 813 226-3337 or rondeaux@sptimes.com

[Last modified January 13, 2006, 01:45:18]