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Death penalty waived in Fla. beating case

RIVIERA BEACH, Fla., March 10 (UPI) -- Prosecutors say they won't seek the death penalty against a Florida man jailed for seven years without trial in the beating death of his 4-year-old stepson.

D'Andre Bannister, of Riviera Beach, Fla., was charged with first-degree murder in the death of Tarquez Woodson in August 2002, but delays and changes in prosecutors and judges have postponed the start of the trial until June of this year.

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Prosecutors this week agreed not to seek the death penalty after Bannister's primary defense lawyer, Evelyn Ziegler, withdrew from the case because of serious health issues, the Palm Beach (Fla.) Post reported Wednesday.

To appoint a defense lawyer qualified to serve as primary lawyer in a death penalty case could have resulted in the trial being postponed again, said Gregg Lerman, a defense lawyer named to assist in the case.

Lerman said members of Woodson's family have agreed with the decision not to seek the death penalty against Bannister, who has been in jail since his arrest.

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