Dalia Dippolito is expected back in court Thursday as her attorneys seek to get her out of jail while they appeal her 16-year prison sentence for hiring an undercover police officer who was posing as a hit man to kill her husband.
The 34-year-old Boynton Beach woman was convicted in June of solicitation to commit first-degree murder. It was her third murder-for-hire trial.
Defense attorneys Brian Claypool and Greg Rosenfeld are seeking an appellate bond for Dippolito while the Fourth District Court of Appeal considers their argument for a new trial. They claim that a juror was sleeping during crucial testimony in Dippolito's most recent trial.
Palm Beach County Judge Glenn Kelley denied a previous request for a new trial.
If attorneys successfully appeal the decision, Dippolito would get a fourth trial.
Assistant state attorney Craig Williams wrote in a recent court filing that Dippolito should not be released from custody because she is a flight risk. In the filing, Williams cited a July 8 jail conversation that Dippolito had with an apparent lover about a recent prison break.
"Shortly after the verdict, the defendant can be heard on tape enthusiastically discussing a recent case of how an inmate broke out of a maximum security prison using wire cutters that were delivered to him via drone," Williams wrote.
Local 10 News obtained the recorded jail call last week.
"There is a guy who was in prison in Texas and he had somebody fly a drone over and drop off wire cutters, and he cut wires and escaped from prison," Dippolito said in the recording.
"Wow, that's awesome," the man said.
Dippolito was wrong. The escaped inmate broke out of a South Carolina prison, although he was captured in Texas two days later.
"Everyone here was, like, pumped up when they read that," Dippolito said.
Dippolito was found guilty of hiring an undercover police detective whom she thought was a hit man to kill her then-husband in 2009, saying that she was "5,000 percent sure" she wanted him dead. The Boynton Beach Police Department staged a phony crime scene on the day that Dippolito's husband was supposed to be killed and recorded her reaction.
Her 2011 conviction and 20-year sentence were thrown out on appeal. Last year's trial ended with a 3-3 hung jury.
Dippolito has a 1-year-old son who was born while she was out of jail on house arrest between the second and third trials.
A hearing on the matter was scheduled for Thursday morning.