ST. AUGUSTINE, Fla. – A judge has denied a motion for a new trial for Justin Barber, the man convicted and sentenced to life in prison for the 2002 murder of his wife, April.
Last year, Barber's new lawyer filed a motion for a new trial, making eight arguments that the trial lawyer, Robert Willis, provided ineffective counsel, including due to a conflict of interest.
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The new lawyer claimed Willis talked Barber out of accepting a plea deal, saying he could win. The motion said Willis didn't want Barber to plead out because he also represented Barber in the civil case over a life insurance policy and would have gotten about $1 million dollars of the payout.
Before Barber was arrested, April Barber's family sued him, to try to block him from getting the $2 million from her life insurance policy, which investigators said was the motive for the murder.
The judge denied the new trial motion on all arguments made. Several were dropped in the hearing. The judge was complimentary of Willis, saying he "put on a formidable defense," that "cross-examination of state's witnesses was effective and at times blistering," and that "trial counsel were loyal in their representation."
The judge found that Barber was adamant he wanted to go to trial and that he ignored the advice of Willis to abandon the civil claim to the life insurance payout because that would only help the state develop its case against Barber.
Barber's lawyer has 30 days to appeal the ruling.
Barber was found guilty in the 2002 shooting death of his wife during a late night walk in Guana State Park.