|Published:||Oct 17, 2013 12:09 PM EDT|
|Updated:||Oct 17, 2013 12:11 PM EDT|
TALLAHASSEE, Fla. (AP) - The Florida Supreme Court is rejecting an appeal from a gang leader who murdered a Fort Myers high school band instructor.
Kevin Foster, the gang leader, was sentenced to death for the 1996 murder of Riverdale High School band instructor Mark Schwebes.
Schwebes was gunned down in the doorway of his home hours after catching members of the Lords of Chaos trying to vandalize the school.
Attorneys for the 36-year-old Foster argued the court should throw out either the conviction or the death sentence. Most of the claims centered around arguments that Foster's initial lawyers did not properly challenge evidence presented by prosecutors.
Foster's lawyers also argued that there was evidence Foster may have a brain disorder.
Justices unanimously rejected all the claims in the appeal.
(Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)
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