FORT PIERCE, Fla. (Court TV) — A Florida judge will decide this week whether Jose Soto-Escalera will face the death penalty for murdering his pregnant mistress and unborn child, following a Spencer hearing where the convicted killer made a dramatic attempt to fire his attorney.

During Monday’s Spencer hearing, Soto-Escalera interrupted proceedings to demand the removal of his defense attorney, Tom Burns. The defendant claimed Burns was working against his interests, citing an alleged incident where a witness supposedly made a choking gesture while discussing the case. Judge Lawrence Mirman rejected the request, noting that substantial mitigation evidence had already been presented and dismissing the conflict of interest claim.

Jose Soto-Escalera appears at a Spencer hearing on Oct. 6,

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