The three Kappa Alpha Psi members whose cases were declared a mistrial for a second time Dec. 15 will stand today before Circuit Judge Kathleen Dekker to find out whether they will be retried.
Brian Bowman, 23, of Oakland, Calif., Cory Gray, 23, of Montgomery, Ala., and Marcus Hughes, 21, of Fort Lauderdale will appear together in a trial status conference to find out if the State of Florida will take them back to court for a third time.State Attorney Frank Allman said a decision has not been made at this time as to whether the three men would be retried. A ruling must come from Dekker to motion for a retrial, he said.”The whole thing is still pending,” Allman said.
The conference should bring more clarity to the fate of the three non-convicted Kappa members.
“We don’t know if the state is going to try the other three young men again,” said Defense Attorney Chuck Hobbs.
The three men could stand to be retried or accept a plea bargain, said Hobbs, the three defendants’ attorney, or the case could be dropped.
Like the sentencing hearing, the conference will be held in the Leon County Courtroom, No. 3A. It will take place at approximately 3:00 p.m.