Jesse Kirk murder: Suspect David Barber seeks to remove death penalty due to media coverage

Jesse Kirk murder: Suspect David Barber seeks to remove death penalty

A man accused of killing a Brevard County woman and dumping her body earlier this year is asking a judge to take the death penalty off the table, citing what his attorneys call prejudicial media coverage.

TITUSVILLE, Fla. - A man accused of killing a Brevard County woman and dumping her body earlier this year is asking a judge to take the death penalty off the table, citing what his attorneys call prejudicial media coverage.

New Developments:

David Barber is charged with the murder of Jesse Kirk, whose body was discovered in March. 

Prosecutors have announced their intention to seek the death penalty, but Barber’s defense team is now urging the court to dismiss that motion.

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At the center of the defense’s argument is the volume of evidence released by the State Attorney’s Office, which attorneys claim has fueled extensive — and potentially damaging — media attention.

"You have evidence that is extremely prejudicial that the media gets from the State Attorney’s Office," Barber’s attorneys said in court. 

Prosecutors, however, say they are simply complying with Florida’s public records law.

"We’re not putting any releases out there ourselves. We are simply responding to public records requests," a prosecutor responded. 

What's next:

The judge has not yet ruled on the motion but is expected to do so at Barber’s next hearing, scheduled for September.

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