BARTOW, Fla. - Lawyers for the state and defense had one last shot Wednesday to prove their case in the murder trial of Leon Davis, a Polk County man who already sits on death row for another murder.
This three-and-a-half-week long trial deals with two clerks who were shot to death outside a Lake Alfred BP gas station in December of 2007.
Right before closing arguments, the defense called the defendant himself to the stand. For the first time, he publicly stated where he was the night of the murder.
He claims to have been shopping at the Eagle Ridge Mall in Lake Wales that night, even though his former wife testified that he never came home with shopping bags.
During his final statements, defense attorney Robert Norgard brought up the lack of evidence for his alibi.
"The prosecutor jumped all over him on cross examination -- jumped all over him, 'where is your receipt, because we can't prove you were at the store because you don't have your receipt,'" he said. "The receipt doesn't prove a dang thing."
Prosecutors spent much of their closing arguments focusing in on the murder weapon -- a Dan Wesson revolver that has never been found.
"The reason Mr. Davis bought that firearm was to go rob the BP store later the same evening, which he tried to do," argued John Aguero, Assistant State Attorney.
The gun plays a major role in this trial because it's one of the ways the state linked Davis to the shooting.
Crime scene investigators determined the same weapon was used in a robbery a week later at a Lake Wales insurance office. There, two women and an unborn child died after being doused with gasoline and set on fire.
Davis has already been sentenced to death in that case.
"We don't know what gun committed this crime," argued Norgard. "There are millions of guns out there that have similar twists and grooves. That's what the facts are."
Throughout the trial, the court heard hours of testimony and viewed dozens of exhibits including a unique set of tires that matched the track at the murder scene. The state says the tires came off of Davis' car.
Since Davis waives his right to a jury trial, Judge Donald Jacobsen will act as the judge and jury. He plans to make a ruling Thursday at 1pm.
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