Murderer leaves sentencing up to judge

By ED QUIOCO

© St. Petersburg Times,
published September 7, 2001

The morning after he was convicted of first-degree murder in the stabbing of his next-door neighbor, Kenny L. Dessaure Jr. decided to leave his fate up to the judge and limited what his attorneys could do to oppose a death sentence.

Against his attorneys' advice, Dessaure, 23, signed a waiver to keep the jury of nine women and three men that convicted him from recommending whether he should get life in prison or the death penalty.

Instead, that decision will be left up to Pinellas-Pasco Circuit Judge Brandt C. Downey III, who is scheduled to begin the penalty phase of the trial Tuesday. The waiver was given to Downey during a hearing Thursday morning, less than a dozen hours after Dessaure was convicted of killing Cindy Riedweg, a 27-year-old nursing assistant who lived in Oldsmar.

"In essence, he is saying he wants to die," defense attorney Michael S. Schwartzberg said after the hearing. "If we fought hard, I think this jury, if they listened to Kenny's life, would recommend life in prison. I don't want any of my clients to volunteer to die."

Dessaure also told his attorneys not to call any witnesses testify in favor of a life sentence.

"All we can do is present summaries," Schwartzberg said.

Dessaure was convicted just after 11 p.m. Wednesday of killing Riedweg, who was found with 53 stab wounds, cuts and bruises, mostly on her face, neck and chest.

Prosecutors argued that Dessaure killed Riedweg after watching her sunbathe on Feb. 9, 1999, outside her apartment in Oldsmar. The apartment complex has since been torn down to make way for a Wal-Mart super center.

This is the first time Schwartzberg, who has had more than 30 first-degree murder cases, has filed a waiver of this kind since he began trying homicide cases in 1989, he said.

Dessaure "doesn't feel that the system worked," Schwartzberg said. "But the jury has spoken and now we have to deal with it legally."

- Staff writer Ed Quioco can be reached at (727) 445-4183 or at quioco@sptimes.com.

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