Fla. death penalty in limbo until court rules
TALLAHASSEE — Florida’s death penalty is effectively on hold, leaving nearly all involved — lawyers, judges, defendants and victims’ families — awaiting guidance from the Florida Supreme Court and state lawmakers before executions can resume.
“The trial courts are going to be reticent to do anything until we fix it,” said state Sen. David Simmons, R-Altamonte Springs, a lawyer.
Gov. Rick Scott has ordered the executions of 23 inmates on death row, the most of any governor since capital punishment was reinstated in Florida in 1976. But he hasn’t signed a death warrant in 12 months, as he, too, awaits clarification regarding the law. A Supreme Court ruling could come at any time.
The death penalty is in limbo
because of a series of court decisions, starting with a U.S. Supreme Court ruling in January striking down a Florida law allowing judges to impose a death penalty with a simple majority recommendation of the jury.
Lawmakers this year tried to fix the problem by rewriting the law to require a 10-2 vote by the jury. But earlier this month, the Florida Supreme Court ruled that a jury must unanimously agree to impose death, just as it is in 48 other states.
In its Oct. 14 ruling, the court ordered the resentencing of Timothy Hurst, a Pensacola man convicted of killing a woman in 1998 and sentenced to death by a 7-5 vote. But it didn’t say whether the ruling would apply to the other 385 inmates on death row.
Attorney General Pam Bondi has asked the Florida Supreme Court to clarify whether the ruling applies retroactively. If it does, it could unleash a wave of appeals.
Scott says he is in a holding pattern.
“I can tell you that it’s a solemn duty to do capital punishment,” Scott told reporters this week. “I think about every case individually, but we’re going to continue to review it, and I know the Attorney General is looking for clarification.”
Simmons said he believes the Legislature needs to fix the law to comply with the court’s decision by requiring death sentences to be unanimous because the uncertainty is already playing out in ongoing capital cases.
“We need to move quickly because I suspect certain of the defense attorneys are going to demand a speedy trial and take advantage of saying there’s no death penalty in the state right now,” Simmons said.
But the Legislature doesn’t meet again until March, and not all lawmakers share Simmons’ urgency.
Incoming Senate President Joe Negron, R-Stuart, said he’d like to see the law changed to comply with the court ruling, but also believes the ruling is clear enough for murder cases to proceed.
And incoming House Speaker Richard Corcoran, R-Land O’Lakes, blasted the court ruling as judicial activism that “subverts the will of the people” and harms victims’ families.
“Make no mistake, those impacted most by this miscarriage of justice are the families, as they watch the perpetrators of some of the most heinous and vicious murders and tortures continue to live the days their loved one were denied,” Corcoran said in a statement.
The Senate wanted a unanimous jury requirement for the death penalty when the law was proposed earlier this year, but compromised with the House to get the bill passed. Simmons said a group of state attorneys convinced the House that a less than unanimous jury would pass muster with the courts.
A spokeswoman for Orange County state attorney Jeff Ashton said he wasn’t available for an interview.
Phil Archer, state attorney for Seminole and Brevard counties, would only release a statement condemning the court’s ruling.
“This decision will allow one juror who may experience a crisis of conscience in their ability to sentence someone to death to disregard the facts and the law and veto the majority will,” Archer said.
Simmons said he doesn’t think the ruling will have a chilling effect on prosecutors’ desire or ability to pursue a death sentence when it’s merited.
“When there is a heinous crime that justifies the death penalty, that’s all the more reason to look at the facts and the circumstances and seek the death penalty when it’s appropriate,” Simmons said. “Our state attorneys [will] be able to handle this just like everybody else in the country does.”