The death penalty trial of Markeith Loyd for the death of Orlando Police Officer Debra Clayton has been reset by the Honorable Leticia Marques to October 8, 2021, when jury selection will begin in the case of State of Florida vs. Markeith Loyd.  Terence Lenamon serves as defense counsel in this case.

For more information regarding the Loyd case, read our earlier discussions in:

Media coverage of this week’s hearing regarding the new trial setting included Terence Lenamon’s statements during the hearing regarding critical issues involved in this death penalty defense matter.   See, e.g.,Trial date set for Markeith Loyd in killing of Orlando police officer,” written by Holly Bristow and published by FOX-35 Orlando on April 26, 2021.

They include the following, issues which dovetail with national concerns regarding capital cases in this country:

1. Excessive Force by the Police

One defense argument involves excessive force by the police when Mr. Loyd was taken into custody.  Markeith Loyd lost his eye as a result of being kicked in the face by law enforcement.  For more, read Markeith Loyd Death Penalty Trial: Motions Filed Regarding Investigation into Excessive Force During Apprehension.

Also see:

2.  Insanity at the Time of the Incident

Another defense argument involves an insanity defense and Loyd’s position that he was acting in self-defense when Officer Clayton approached him.   For more, read Markeith Loyd Notice of Intent to Rely on Insanity Defense Filed by Terence Lenamon.

The trial is expected to last four to six weeks.









Today’s hearing in the Markeith Loyd death penalty case resulted in the court’s ruling that the Florida capital case will not go to trial until sometime in Spring 2021, at the earliest.

You can watch a video from a part of these proceedings, where Terence Lenamon is in the courtroom (this is not a virtual hearing but actually in the Orange County Courthouse) as shared by Texas’ StarLocalMedia on their website by clicking on the image below.

For more news coverage, read “Accused cop killer Markeith Loyd won’t stand trial this year: Trial was supposed to happen in May,” written by Adrienne Cutway and published by ClickOrlando on September 29, 2020.


Three new motions have been filed in the defense of Markeith Loyd in his death penalty trial by Terence Lenamon. These have all been placed in Terry’s Online Library as a courtesy, as filed of record with the Orange County Clerk’s Office.

Also included in the Online Library update is Amendment Six (6) to the Florida Supreme Court’s Emergency COVID-19 Administrative Order, issued August 12, 2020, by Chief Justice Canady.

These motions, as well as other pending motions filed by the defense in the Loyd Trial, are scheduled to be heard on September 29, 2020.

1.  Motion for Appointment of Expert Statistician to Help Defense Assess Jury Selection Data to Support Constitutional Violations Resulting From Emergency COVID Orders


2. Motion to Have Clerk Gather and Share Data Regarding Jurors and Jury Selection Process

3. Motion for Court Order Finding Florida Supreme Court COVID-19 Emergency Administrative Order Re Jury Selection Violates Florida and U.S. Constitutions


This past week, Markeith Loyd’s defense attorney Terence Lenamon presented the defense’s Motion to Dismiss with oral arguments being heard in the courtroom of the Honorable Leticia Marques, who is presiding over the murder trial where Mr. Loyd stands accused of the capital crime homicide involving the death of Orlando Police Lt. Debra Clayton.

To watch a portion of the proceedings, including a portion of Terry Lenamon’s arguments to the court, check out the video coverage provided by WFTV-9 here.

Read the entirety of the motion itself, as filed of record on August 13, 2020, here – provided as a part of Terence Lenamon’s Online Library:


The following motions have been filed by Terence Lenamon in the death penalty trial of Markeith Loyd and shared in his online library (full text). Click on the links to read the these motions, all dealing with the circumstances surrounding the apprehension of Markeith Loyd in January 2017 and the injuries he sustained as a result (e.g., loss of eye):

These are not the only pending motions filed by the defense regarding this issue.  Other motions filed of record include the following:

  • Motion to Compel Police Radio Communications During the Operation on January 17, 2017 When The Defendant Was Arrested for the Homicide of Sgt Deborah Clayton and to Provide Unredacted Transcripts and Audio Files on Material Previously Provided by FDLE and Prosecutor Stacy Salmons of the Eighteenth Judicial District (47 pages);
  • Motion to Compel the Names of Orlando Police Department Employees who Identified Sgt James Parker; Sgt Anthony Mongelluzzo and Officer Cedrick Hinkles in a Photograph Created from Helicopter Footage Which Occurred on January 17, 2017 and Obtained from the Florida Department of Law Enforcement Provided by Orlando Police Department (7 pages);
  • Motion to Compel the Names of Orange County Sheriff’s Department Employees who Identified Sgt James Parker and Officer Cedrick Hinkles on Transcripts of Radio Transmissions Which Occurred on January 17, 2017 from the Florida Department of Law Enforcement Provided by Orlando Police Department (22 pages);
  • Motion to Compel Material Relating to Markeith Loyd Obtained by Florida Department of Law Enforcement from Orange County Jail (16 pages);
  • Motion to Compel All Helicopter Reports, the Original Helicopter Video Footage (Entirety) and Name of Pilot and Camera Operator from the Orange County Sheriff’s Office Arising from the Arrest of Markeith Loyd on January 17, 2017 (21 pages);
  • Motion to Compel Notes of Florida Department of Law Enforcement Digital Experts Regarding Analysis of Orange County Sheriff Office Helicopter Footage and Complete Video File Which Orlando Police Department Provided to Them (9 pages);
  • Motion to Compel the Entire Internal Affairs File from the Orlando Police Department Investigation of Sgt James Parker, Sgt Anthony Mogelluzzo, Officer Cedrick Hinkles and Officer Johnathon Cute Involving the Deadly Force Used Against Markeith Loyd on January 17, 2017 (18 pages); and
  • Motion to Compel the Arial Photograph Created from Helicopter Footage Which Occurred on January 17, 2017 and Shown by Sgt Bruce Vail to Deputy Broadwell Requesting Self-Identification and Any Other Photograph with Identification of Other Officers and the Names of Those Officers in the Possession of Orange County Sheriff’s Department or Any Other Law Enforcement Agency (9 pages).

All these motions are filed of public record in the case file regarding State of Florida v. Markeith Loyd, Cause Number 2017-CF-826-A, in the Circuit Court of the Ninth Judicial District in and for Orange County, Florida.  They can be viewed online as part of the Orange County Clerk of Court’s Docket.


Orlando Police Department Internal Affairs Clears Officers of Wrongdoing in Markeith Loyd Beating

Yesterday, the Orlando Sentinel published an article where it revealed access to the Internal Affairs report compiled by the Orlando Police Department regarding the beating suffered by Markeith Loyd.  The O.P.D. decision: no excessive force.

Read the full article, “Agency clears Orlando officers who beat, kicked accused cop-killer Markeith Loyd during arrest,” written by Tess Sheets, Jeff Weiner, and Monivette Cordeiro and published by the Orlando Sentinel on June 24 2020.

Internal Affairs Conclusion is Not Judicial Ruling

This report is not a judicial determination.  It is a conclusion reached by the Internal Affairs Department within the Orlando Police Department.  According to the O.P.D. website,

“The Orlando Police Department is committed to unbiased policing in all its encounters between police officers and citizens. OPD policy provides guidelines for officers to prevent biased policing and reinforces procedures that maintain public confidence and trust through the provision of services in a fair and equitable fashion.”

Lenamon Motions Regarding Loyd Beating By Orlando Police

Terence Lenamon was interviewed for this Orlando Sentinel piece.  As part of his contributions Terry points out that, as Markeith Loyd’s defense attorney, he has filed motions that are pending before the court regarding this event.  He is asking for access to missing radio transmissions, all the cellphone records for the officers present at the scene, as well as the complete video footage from the night of Loyd’s arrest.

From Terry, as quoted by the Orlando Sentinel:

“There are a number of things that transpired in the [Internal Affairs] investigation that were ignored or overlooked. They’re counting on the fact that society may frown a little on what happened, but the bottom line is he’s accused of killing a cop so we’re going to give a pass to the Orlando Police Department once again so they’re not held accountable.”


Watch The Video:  Was There Excessive Force by the Orlando Police in the Arrest of Markeith Loyd?

Orlando TV station WKMG has uploaded the unedited video (length: 16:34) from the helicopter that circled above the apprehension of Markeith Loyd by officers of the Orlando Police Department.  Watch it here and consider for yourself if there was excessive force by a police officer and if there was resisting arrest by the accused:



Note:  the Markeith Loyd trial has been delayed due to the Coronavirus Pandemic and a new trial date has not been set.




Tomorrow, on May 13, 2020, from 2-2:30 pm EST, the Law & Crime network will be discussing the Markeith Loyd trial where the State of Florida is seeking the death penalty, and Terence Lenamon is defending.

Lenamon Joins with Law & Crime Network in Tomorrow’s Markeith Loyd Coverage

Terry Lenamon has accepted an invitation to join L&C tomorrow during its coverage of the Markeith Loyd proceedings.

Anyone interested in the death penalty and particularly this Florida prosecution seeking capital punishment, as well as hearing Mr. Lenamon’s discussion with the L&C commentators, is invited to watch.

The Law & Crime Network’s live coverage is available online here.  Law & Crime  is also available on the following services (go here for details):


This week, Terence Lenamon filed the following motion in the death penalty trial of Markeith Loyd and the full text has been made available as a public service in his Online Library:

Defendant’s Motion for Compensation of Jurors at Current Wage or Minimum Wage in Light of Recent Events Involving COVID-19 Which Have a Direct Impact of Whether Jurors Could Afford to Serve in a Lengthy Six Week Trial.

The defense motion asks for the jurors in the Loyd trial to be paid minimum wage, or current wage, in light of the Coronavirus Epidemic.

Read it here:



On March 2, 2020, Terence Lenamon filed a Rule 3.216 Notice of Intent to Rely on Insanity  in the Markeith Loyd death penalty case.  A pdf of this filing is shared in Terry’s Online Library as a public service.

Markeith Loyd Insanity Defense

From the Notice:

“Defendant, Markeith Loyd, by and through the undersigned attorney, pursuant to Fla. R.Crim. P. 3.216, files this Notice of Intent to Rely on Insanity at the time of the events that transpired involving the shooting of Officer Deborah Clayton in that the Defendant suffered from a mental infirmity, disease or defect and because of this condition did not know what he was doing or its consequences or although he knew what he was doing and its consequences he did not know it was wrong. Dr. Jethro Toomer, 15715 S. Dixie Hwy, Suite 417 Miami, FL 33157 is a witness in which the Defendant expects to show insanity.”

Also filed on March 2, 2020, were (1) the corresponding Motion Requesting Individual Voir Dire on the Issue of the Insanity Defense and the Use of Proposed Jury Questionaire; and (2) an Amended Motion for Extension of Time to Comply with Case Management Order.



Terence Lenamon continued his capital defense of Markeith Loyd this week with motions dealing with the circumstances surrounding when shots were fired, and by who, in the WalMart encounter between defendant Markeith Loyd and police officer Debra Clayton, a lieutenant with the Orlando Police Department.  Markeith Loyd is being tried for the killing of Officer Clayton on January 9, 2017, with the State of Florida seeking the death penalty in the case.  Trial is currently set for May 2020.

Markeith Loyd Defense Motion Asks Who Shot First?

Details from the latest media coverage:

“Markeith Loyd attorneys say new evidence suggests Orlando officer fired first,” published by WKMG ClickOrlando on February 29, 2020;

Orlando officer’s accused killer readies defense: Slain cop shot first, police chief showed ‘animus and prejudice’,” written by Monivette Cordeiro and published by the Orlando Sentinel on February 28, 2020; and

“Markeith Loyd attorneys allowed extra 2 weeks to prepare for Debra Clayton murder trial,” published by WKMG ClickOrlando on February 7, 2020.