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Sottile Murder Case On Hold Until May


Sottile Murder Case On Hold Until May
By CHRIS BUTLER

SEBRING — The trial date for the Sebring man charged with the January shooting death of Florida Highway Patrol Sgt. Nick Sottile may not be known until at least May. 

Meanwhile, public defenders for Joshua Lee Altersberger, 21, said they want the trial held outside Highlands County because of pre-trial publicity and the number of residents already familiar with both Sottile and the case itself.

They officially submitted a written not-guilty plea before Highlands County 10th Circuit Judge Peter Estrada Wednesday.
Estrada told the court that the Altersberger matter is next scheduled for a May 8 pre-trial conference at 1:30 p.m.

“Judge (Susan) Roberts indicated that would be the date, but it is subject to change,” Estrada told both public defenders and state attorneys Wednesday.

Roberts is currently the only circuit judge hearing first-degree murder cases coming out of Highlands and its surrounding counties.

State attorneys have already said they want someone other than Roberts to preside over Altersberger’s upcoming trial, which they’ve previously said might be as far as two years away.

They let it be known in paperwork filed two weeks ago that they want Roberts removed from first-degree murder cases falling within her jurisdiction.

State attorneys said in documents that Roberts has conducted her court in an “inexcusable” manner. They also said she’s shown insensitivity to other murder victims’ families and stated her opposition to the death penalty on at least one occasion.

Roberts has already denied state attorneys’ recent motion that she disqualify herself from those cases, however. State attorneys subsequently appealed Roberts’ decision with the Second District Court of Appeals.

Tenth Judicial Circuit Spokesman Chip Thulberry said Wednesday the appeals court still has yet to issue a ruling on the matter, but did order Roberts to remove herself from a murder case in Polk County.

“It was their opinion that statements she’s already made in that one case wouldn’t have resulted in a fair trial,” Thulberry said. 

Altersberger has three designated public defenders – Bob Trogolo, Debra Goins and Steve Fisher. Trogolo said Wednesday that he expects he and his colleagues will indeed seek a change of venue for the case so it can be held outside Highlands County.

“It’s too early to tell for certain, but we will seek another area with a size and demographics similar to Highlands County,” Trogolo said.
He said their strategy includes “a vigorous challenge” to FHP’s statement that Altersberger killed Sottile.

“Right now our client is very concerned about his situation. He’s a young man under a tremendous amount of stress,” Trogolo said.

Altersberger is charged with first-degree murder in the death of FHP Sgt. Nicholas Sottile and possession of a firearm after previously being convicted of a juvenile offense.

The first grand jury to assemble in Highlands County in two years formally indicted Altersberger last month.

State attorneys have already said they intend to seek the death penalty against Altersberger.

Trogolo said his team will most likely spend their time between now and May seeking witness lists and lab reports from state attorneys.

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