Defense for triple-murder defendant Andres Avalos will not seek insanity defense, but wants change of venue
BRADENTON -- The defense for Andres "Andy" Avalos Jr. will not use an insanity defense, but will seek to move the trial outside of Manatee County because of pretrial publicity. Avalos is charged with killing his wife, neighbor and a local pastor.
Avalos is charged with three counts of first-degree murder for the Dec. 4, 2014, slayings of Amber Avalos, 33, Denise Potter and the Rev. Jason "Tripp" Battle.
If convicted, Avalos would face life in prison or could face the death penalty -- which the state has indicated it will seek, but the defense is contesting.
On Thursday morning, Avalos appeared before Circuit Judge Diana Moreland as attorneys for both sides argued multiple issues surrounding the death penalty.
Defense attorney Andrew Crawford indicated to the court that he will not seek
an insanity defense, despite his intention to enter some psychological evidence as it relates to medication.
"Mr. Avalos has been seen by a number of mental health professionals," Crawford said. "Mr. Avalos will be receiving a PET scan shortly at a date that is confidential."
Crawford also said he will file a motion to request a change of venue for the trial because of the publicity the case has already received.
Moreland reserved her ruling after hearing brief arguments on why the defense thought the death penalty should be ruled unconstitutional in this case, and to require a jury to make a unanimous decision if the death penalty were to be recommended.
Issues surrounding the death penalty have taken center stage in Florida since the U.S. Supreme Court ruled in January in Hurst vs. Florida that it is unconstitutional that Florida judges, not juries, have the ultimate say in the death penalty.
New legislation was signed into law March 7 by Gov. Rick Scott to correct the issues addressed by the Hurst ruling.
Since then, Moreland has also heard similar arguments in other high-profile murder cases and ruled that the death penalty is still a potential sentence in those cases.
Both sides in the Avalos case also argued other motions surrounding procedures should the death penalty be sought.
Detectives say on Dec. 4, 2015, Avalos hanged his wife from a cord in the laundry room of their Northwest Bradenton home, beat her and then shot her.
He then reportedly shot and killed Potter, who had been visiting their home.
After the women's slayings, he reportedly dropped his then 4-year-old son off at day care, drove to the Walmart Supercenter on State Road 64 where he left his vehicle, then took a taxi to Bayshore Baptist Church, 6502 14th St. W., where investigators and witnesses say he shot and killed Battle.
Avalos was arrested after a 51-hour manhunt led by the Manatee County Sheriff's Office, and a public plea from his father to turn himself in for the sake of his six children. Avalos was arrested on Dec. 6, 2014.
He admitted to all three slayings during an interview after his arrest, the prosecutor in the case has said. The State Attorney's Office has indicated that it will be seeking the death penalty.
Avalos is also facing an attempted murder charge after deputies at the Manatee County jail say he attacked a fellow inmate, Jesse "Green Eyes" Cruz, with sharpened toothbrushes. That case is set for October.
Avalos' next scheduled court appearance is 9 a.m. May 18 for a status conference hearing.
Jessica De Leon, Herald law enforcement reporter, can be reached at 941-745-7049. You can follow her on Twitter @JDeLeon1012.
This story was originally published April 7, 2016 at 11:39 PM with the headline "Defense for triple-murder defendant Andres Avalos will not seek insanity defense, but wants change of venue ."