Northwest Arkansas Democrat-Gazette
Judge: Governor can yank prosecutor
ORLANDO, Fla. — Florida’s governor has the right to remove a state attorney from a case after the prosecutor said she would not seek the death penalty, a judge said Tuesday as he denied a request to delay proceedings.
State Attorney Aramis Ayala said earlier this month that she wouldn’t seek the death penalty for a man charged in the slayings of his ex-girlfriend and a police officer. After her announcement, Republican Gov. Rick Scott removed her from the case and appointed a new prosecutor.
Ayala, a Democrat, said the governor overstepped his authority, and she is fighting to keep the case.
She asked a judge to delay proceedings for two weeks while she prepares an argument for the Florida Supreme Court. But Circuit Judge Frederick Lauten denied her request Tuesday and said State Attorney Brad King, who was appointed by the governor, will remain as the chief prosecutor in the case.
The judge said Ayala can still file her argument with the high court, but the case against Markeith Loyd would move ahead, with the next hearing scheduled for Monday.