Behind the scenes of the Wisner Desmaret death penalty trial

A high-profile trial turned into tense deliberations when jurors wracked their brains to decide if convicted cop-killer Wisner Desmaret would live or die.

On Thursday, we heard from jurors who were on the case, getting a deeper look into the trial.

WINK News tried contacting every jury member, but only one agreed to speak on the condition of anonymity. The juror didn’t want his voice recorded, either, to protect his identity further.

He explained the deliberations were intense, and there were three jurors struggling with the idea of recommending the death penalty. So, according to the juror, it was a nine-to-three split during the penalty phase.

The juror says the death penalty phase was divisive. During deliberations, a note was handed to the judge explaining one juror could not recommend death because of her conscience. The conflicted juror even tried changing her mind about convicting Desmaret on his criminal charges after the unanimous verdict but was told she couldn’t do that.

WINK News also spoke with one alternate juror, who wanted to remain nameless, who was a part of all trial phases except deliberations. And there’s one thing that will stay with him forever.

“The very first time that they played the body cam footage from Office Adam Jobbers-Miller, right after they played the part where he was shot, Desmaret said out loud, ‘Guess he came after the wrong guy.’ And I could see the smirk on his face when he said it,” the alternate juror said.

The alternate juror told WINK News he didn’t buy into the mental health issues explaining things didn’t add up when he heard Desmaret change his story when evidence was introduced, pointing to his guilt.

“He was clearly trying to portray that he was scared,” the alternate juror said. “I don’t see there being enough mental health issue to be enough of a mitigating factor over all the aggravating factors.”

WINK News asked if this alternate would have recommended the death penalty if he had been a voting member of a jury.

“Yes,” he responded.

That alternate juror sent WINK News a text message that said the state of Florida should be embarrassed that they let Desmaret represent himself in the trial.

He also told WINK News multiple jurors were convinced Desmaret suffered from some mental illness, which was a factor during deliberations.

Moreover, Gov. Ron DeSantis signed a bill into law on Thursday that reduces the number of jurors required to recommend the death penalty to eight. Since potentially nine jurors could have been in favor of recommending the death penalty, and since the judge still has to sentence Desmaret, could Desmaret still get the death penalty?

In short, no Desmaret cannot get the death penalty. Florida Gulf Coast University legal expert Dr. Pamella Seay told WINK News there is no retroactive application of the law.

Whatever laws are in effect at the time the trial begins are all that can be applied.