State needs ‘stark utility’ of capital punishment

We must have a death penalty in Florida if we are to protect our citizens from the worst predators. Removing them from this life is fair, just and absolutely essential.

I do not like the death penalty; however, I recognize its stark utility in safeguarding the innocent.

I saw the worst kind of victimization as a soldier. That led me to law school to become a prosecutor, because prosecutors can advocate the process of justice. The bounden duty of the prosecutor is to seek justice following the law, including the availability of capital punishment.

The process is begun by the detectives; they provide the facts to the prosecutor. In potential death-penalty cases, the prosecutor presents that evidence to the grand jury, which votes to indict or not based on facts and law. Then the prosecutor, if the grand jury votes to indict, may proceed to ask the trial court and jury for invocation of a death sentence.

Proof of guilt, beyond and to the exclusion of reasonable doubt, with a unanimous verdict by all 12 trial jurors, is required. Specially qualified defense lawyers, witnesses, and experts are provided — if indigency is found, at state expense.

The sentencing phase of the trial will follow with evidence and arguments by both sides. If, under a recently passed law, all 12 jurors vote for death, the judge may impose that ultimate penalty while entering a full explanation of that sentence into the written record. Then an appeal to the Florida Supreme Court is mandated; the court may do virtually anything in its quest for justice. More appeals, including federal, typically follow.

I personally agree with all this due process and appellate availability, but wish the courts would move the cases along. Cases linger in judicial appellate in-boxes far too often. “Justice delayed …”

I was a prosecutor during a time in the 1970s that we had no usable death penalty because of an appellate case based on a defect that was later cured by legislation. The criminal element knew this. Witnesses were murdered. Just as the criminal element now knows, Orange and Osceola counties have a prosecutor who has self-legislated away the death penalty.

With no death penalty, the perpetrator of any life-imprisonment crime realizes the penalty is no greater if he or she executes the witness or witnesses. Inmates serving life sentences are in no greater jeopardy if they brutally kill or rape and kill a correctional officer. Law-enforcement officers are very much more at risk. The evil criminal might just as well execute the police officer to try to escape. No penalty will be levied greater than the underlying armed robbery, brutal rape or, even worse, brutal child rape.

Recently a good civil lawyer wrote in this newspaper that we didn’t need the death penalty. He does not have my burden of working on over 1,000 homicide cases over 41 years. Personally witnessing the victimization is poignant.

I had plenty of death in Vietnam and as sheriff of Orange County and as state attorney. Those many lessons taught me that innocent human lives are our most valuable treasure. Our law enforcement and correctional officers are in physical danger every day. Our citizens and visitors are not fully safeguarded without even the possibility of the death penalty.

I interviewed Ayala before George Soros launched his campaign on her behalf. She assured me of her dedication to public duty. I helped her with a contribution, advice and important materials. I was shocked and blindsided by her recent statements.

The governor should initiate her removal from office and appoint a replacement who will follow the law. Justice and public safety demand no less.

Our citizens and visitors are not fully safeguarded without even the possibility of the death penalty.