Published: Jul 10, 2014 5:54 PM EDT

LEE COUNTY , Fla.- Lee County Sheriff Mike Scott once called him a "vicious killer."

Antonio Thomas, who allegedly went on a nine-day crime spree of abduction, rape and murder two years ago, was in court today.

His defense attorneys say they want the death penalty off the table.

According to the defense, in Thomas' case, the death penalty would be unconstitutional. The State is seeking a capital murder punishment for Thomas.

He allegedly started a nine-day violent crime spree in June 2012 with two attempted abductions and assaults, and ended with a violent home invasion and abduction, when he was finally caught. But it's the murder of 61-year-old Phylis Stein that landed him in court today. Stein was washing her car outside her Cape Coral home when Thomas allegedly raped and killed her, then dumped her body behind a North Fort Myers business.

Today, the defense also argued that victim impact evidence should not be allowed during trial, meaning the jury should not be able to hear how Stein's death affected her family or the community.

The State did not wish to comment on camera, but did say in court that under the law, they are able to give that evidence.

We reached out the victim's husband, but he did not wish to comment.

The judge said he will make a decision at a later time.