Accused Seminole Heights serial killer wants to prevent victim’s parents from testifying

SEMINOLE HEIGHTS, Fla. - Howell Trae Donaldson’s defense team is mounting a legal fight that aims to limit what the jury gets to see and who they hear from during his murder trial.

In new court documents, the defense wants to keep out the testimony of certain witnesses, including the parents of victim Anthony Naiboa.

Prosecutors are objecting to it and in a written response argue, "Defense is now requesting this court to take the extreme measure of precluding these two witnesses from testifying in the trial regarding the death of their son."

Donaldson's defense argues Casimar Naiboa and Maria Rodriguez have been no-shows for scheduled depositions and now want them out.

But prosecutors are fighting it, arguing to the judge it’s not their burden to provide these witnesses to the defense and should not be punished by excluding them at trial.

Donaldson is accused of causing terror and panic in Seminole Heights in the fall of 2017.

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They say he gunned down four innocent people, Benjamin Mitchell, Monica Hoffa, Anthony Naiboa, and Ronald Felton who all happen to be walking alone.

Tampa police released home surveillance video of the suspected gunman, but it was Donaldson who tipped off investigators. The manager at a Tampa McDonald's restaurant called authorities after Donaldson, an employee there, asked her to hold a McDonald's food bag for him. He said he planned to leave the state. Inside the bag was a loaded gun. 

After Donaldson was arrest and indictment by a grand jury, prosecutors announced they would seek the death penalty.  

Now, Donaldson wants to save his own life. His lawyers are asking the death penalty be thrown out in the case. They argue prosecutors violated Donaldson's rights during a grand jury proceeding.
But, prosecutors say they did everything by the book. 

Another motion filed by the defense wants to limit the number of victim's family members that want to provide victim impact statements during the penalty phase of the trial. 

That would only be relevant if Donaldson is convicted in the guilt phase of the trial.

A showdown on all these issues is expected on March 24.