A juror was dismissed this Wednesday from the trial to determine the sentencing of Alberto Sierra, the 42-year-old Cuban who pleaded guilty to murdering his wife and her two daughters in Miami in 2012.
The panel member communicated to the judge that the process was severely affecting their physical and emotional health.
The incident occurred on the tenth day of the trial, when Judge Marisa Tinkler Mendez received a lengthy email from a juror expressing their concerns, according to a report by Telemundo 51.
The magistrate stated that she had never faced a situation like this in her career, not even in cases where the death penalty was requested.
A cancer survivor affected by the weight of the case
The juror who was removed stated that he is a cancer survivor and is still recovering from surgery.
Before the judge, he explained that he had difficulties sleeping and that the circumstances of the case affected him even outside the courtroom.
“My mind doesn't rest. At two or three in the morning, I'm thinking about what the future holds after this case. At the same time, it's affecting me emotionally and also my spouse, who has been suffering from migraines,” he declared.
The man also posed questions that the judge found unusual. He wanted to know if he could bring a Bible and a copy of the Constitution into the deliberation room, something the magistrate explained to him was not permitted.
In addition, he asked how much taxpayer money was allocated to the process and whether it would be appropriate to create an online fundraising campaign to help the victims.
"In general terms, would it be acceptable to do something like this?" he asked, according to Local 10.
The man explained that he had never before participated in a judicial process as a juror and that the members of the panel had developed a bond among themselves.
Finally, Tinkler Mendez decided to excuse him definitively, so he will not participate in the deliberations regarding the possible imposition of the death penalty on Sierra.
The prosecution questions the testimony of a defense expert
During the same day, prosecutor Lara Penn continued the cross-examination of Dr. Erin Bigler, the expert presented by the defense to analyze Sierra's brain images.
Bigler had stated that the defendant suffered significant brain injuries, including loss of tissue in the left frontal lobe, after being hit by a car on Mother's Day in 1996, when he was 12 years old and had been in the United States for only a few months.
The prosecutor focused her questions on Sierra's actions during the murders, including separating the girls from their mother, tying up Gladys Machado, and torturing her to obtain the password to her phone.
Penn sought to establish whether these behaviors demonstrated the ability for planning and executive control, in contrast to the defense's argument regarding the deterioration of the accused's brain functions.
"If, after the crime, they can formulate and plan how to cover their tracks, that requires executive function, right?" Penn asked.
"That's right," Bigler replied.
The expert acknowledged that the actions described indicated planning, although she maintained that Sierra might have acted with a compromised executive system.
"I'm not trying to justify that behavior in any way, shape, or form. I'm just trying to explain what might be happening in their brain," he stated.
Bigler did not personally evaluate Sierra, but rather based his analysis on the images from her brain studies.
The triple murder that occurred in Miami in 2012
Sierra confessed to having murdered his wife, Gladys Machado, 29 years old, and her daughters, Julia Padrino, six years old, and Daniela Padrino, three years old, in November 2012, in the Flagami neighborhood of Miami.
The three victims died from asphyxiation with plastic bags from a Sedano's supermarket. Their bodies were found inside a closet three days later.
In August of this year, Sierra pleaded guilty to three counts of first-degree murder and other charges, without reaching an agreement with the prosecution.
During the sentencing process, the jurors listened to the recorded confession of the accused. They also witnessed the testimony of Machado's surviving son, who confronted Sierra directly, and the statement from the mother of the accused, who spoke tearfully about her childhood in Cuba.
Under the reformed Florida legislation of 2023, at least eight votes from the 12 jury members are required to recommend the death penalty.
The final decision on the verdict is up to the judge. The closing arguments are scheduled for Monday, October 19th.
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