BREAKING: Defense seeks delay in Conch Town shooter trial after attorney’s death
The move follows the sudden passing of Key West defense attorney and civic leader Cara Higgins.
Attorneys for accused Conch Town shooter Lloyd Preston Brewer III are asking for a delay in his upcoming murder trial following the sudden death of longtime Key West lawyer Cara Higgins over the weekend.
Higgins, 51, passed away suddenly early Saturday morning.
Her death prompted her longtime legal associate and Brewer’s attorney, Jerry Ballarotto, to request a continuance Monday, citing personal grief and new responsibilities in settling Higgins’ personal and professional affairs.
“I am moving to postpone Mr. Brewer’s trial for a reasonable time based upon the recent death of my close personal and professional friend, more like a sister to me, of more than 25 years, Cara Higgins,” Ballarotto wrote.
Jury selection and trial by jury for Brewer is scheduled to begin Monday, Oct. 6, at 9 a.m.
But prosecutors quickly objected.
The Monroe County State Attorney’s Office responded with its own motion asking Circuit Judge Mark Jones to deny the request, arguing that enough delays have already taken place.
Jones is scheduled to hear and rule on the motions at 10:45 a.m. Wednesday.
The request comes as Jones has already issued several key pretrial rulings.
Last week, he denied Brewer’s request for bail, saying Brewer presented a flight risk. He also ruled in part to suppress certain statements Brewer made immediately after the shooting, following his Miranda warning by officers.
Ballarotto said he had been in New Jersey preparing Brewer’s case with co-counsel Mark W. Catanzaro when he learned of Higgins’ passing. Instead of continuing trial prep, he flew to Key West to assist Higgins’ family, including her two teenage children, ages 17 and 13.
Higgins had no immediate family in Key West, according to the filing. Ballarotto told the court her elderly parents live in New Jersey and her sister in Connecticut, leaving him to step in as the primary point of support for her children and to manage her law office’s obligations.
The motion noted that Higgins left no will, owned multiple properties in Key West and New York, and maintained an active law practice. Ballarotto said the Florida Bar had designated him to handle her professional responsibilities if she became incapacitated, requiring him to sort through client files, business accounts and pending cases.
“I had no idea that Ms. Higgins designated me to tend to these responsibilities,” Ballarotto wrote. “However, since I have been left with them, I feel obligated to guarantee that her clients do not suffer any adverse consequences from her passing.”
Records from the Florida Bar show that Ballarratto was named as Higgins’ designee in 2020.
Brewer is charged with the February 2023 shooting death of 21-year-old Garrett Hughes outside Conch Town Liquor & Lounge. He allegedly shot Hughes for urinating on a building in the back parking lot of the popular local watering hole after a day of drinking on Super Bowl Sunday.
This is an evolving story. Watch this space.