Florida still silent about Trump voter data request
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The Florida Democratic death penalty statute, this Party has called on Scott to time mandating unanimous TALLAHASSEE — Despite a turn down the request for jury recommendations in capbipartisan backlash from 44 the information. Democrats TALLAHASSEE — Signaling a ital sentencing cases. other states against a White across the country have potential end to an 18-month Meanwhile, the Florida House commission’s request said that Trump’s uncor- hiatus for Florida’s embattled Supreme Court in Decemfor information about states’ roborated claims that mildeath penalty, Gov. Rick Scott ber lifted the hold on Asay’s voter rolls, Gov. Rick Scott’s tary of State Kris Kobach lions of people voted ille- on Monday rescheduled the execution, in one of a pair of administration is still not — who, as vice chairman gally in last year’s election execution date of convicted key rulings focused on the saying whether Florida will of the commission, wrote are meant to set the stage killer Mark James Asay for implications of Hurst. provide the potentially senthe letter — reportedly said to attack voting rights. Aug. 27. In Asay’s case, the court sitive information. his state would be unable “This commission facili“I think the execu t ion ruled that Hurst should not
Last week, the Presiden- to comply with the entire tates a dangerous and false machine is going to get started apply retroactively to cases tial Advisory Commission on request because some of narrative that voter fraud is again immediately,” said finalized before the 2002 Ring Election Integrity issued let- the information is not pub- rampant — this is a thinly Pete Mills, an assistant pub- decision because, in part, of ters to state elections offi- licly available. veiled attempt at justifylic defender in the 10th Judithe impact on the adminiscials asking for informaMississippi Secretary of ing national voter supprescial Circuit who also serves tration of justice. tion that could be culled State Delbert Hosemann, sion,” said Johanna Ceras chairman of the Florida “Penalty phase resentenc- from voter rolls “if publicly a Republican like Scott and vone, a spokeswoman for Public Defenders Associa- ing is a time-intensive proavailable under the laws of President Donald Trump, the party. “Every responsition Death Penalty Steering ceeding that requires signifi- your state.” was more blunt in a state- ble elected official should Committee. cant preparation and discov
The requested informa- ment issued by his office last reject this farce of a comAsay was one of two death ery, death-qualifying a jury, tion included the names week, even as Hosemann mission immediately.” row inmates whose execu- and generally, a multi-day of registered voters, their said he hadn’t received the All three Democratic cantions were put on hold by trial,” the majority wrote. addresses, partial social letter yet. didates for Florida goverthe Florida Supreme Court “While some of the prior wit- security numbers, voting “My reply would be: They nor — Tallahassee Mayor early last year after the U.S. nesses’ statements could be history and felony convic- can go jump in the Gulf of Andrew Gillum, former ConSupreme Court, in a case admitted based on the trantions. The letter asks states Mexico and Mississippi is a gresswoman Gwen Graham known as Hurst v. Florida, scripts from the prior sen- to respond by July 14. great state to launch from,” and Winter Park businessstruck down as unconstitu- tencing, the jury’s ability to
On Friday, Scott said he he said. man Chris King — have also tional the state’s death penweigh the strength of those hadn’t seen the letter. On But the request could also slammed the commission. alty sentencing system. witnesses would clearly be Monday, a spokeswoman for put Scott in a delicate politIn a letter to Scott, GraThe federal court ruling, impacted. Finally there is his office referred questions ical situation. The governor ham said the panel “was premised on a 2002 deci- an important consideration to the Department of State. is a close ally of Trump, created to stroke President sion in a case known as Ring regarding the impact a new
“We have received the letand is considering a run Trump’s ego.” v. Arizona, found that Florisentencing proceeding would ter,” a spokeswoman for the against U.S. Sen. Bill Nel“As your administration da’s system of allowing judges, have on the victims’ families agency wrote in an email. son in 2018. And Trump, learned after its costly, parinstead of juries, to find the and their need for finality.” “We are reviewing it.” who narrowly won Florida tisan attempt to purge our facts necessary to impose the Since the December rul
The nonresponse from in November, condemned state’s voter rolls, there is death penalty was an uncon- ings, the Florida court has Florida officials comes as states that rebuffed his com- no evidence of significant stitutional violation of the consistently vacated the counterparts from 44 states mission over the weekend. voter fraud in Florida,” she Sixth Amendment right to death penalty in sentences had declined to give the “Numerous states are wrote. “With these facts in trial by jury. handed down by non-unancommission all of the infor- refusing to give informa- mind, it would be irresponThe January 2016 fedimous juries after Ring. mation requested as of Tuestion to the very distinsible to send sensitive data eral court decision set off a In a letter Monday to Flor- day afternoon, according to guished VOTER FRAUD on Florida voters to Presistring of court rulings that ida State Prison Warden Barry a CNN report. PANEL. What are they trydent Trump’s phony comhave effectively put FloriReddish, Scott — who signed Notably, Kansas Secreing to hide?” Trump wrote mission.” da’s death penalty in limbo a record number of death for 18 months. warrants before the Supreme
A year ago, the Florida Leg- Court ruling last year and islature hurriedly addressed urged lawmakers in 2014 the U.S. Supreme Court rulto pass a measure aimed at ing by passing a law requir- speeding up executions — ing at least 10 jurors to recordered Asay to be put to ommend death for the sendeath Aug. 27. tence to be imposed. But the new execution
But the state Supreme Court date could also be problemstruck down that law, saying atic. Scott scheduled Asay the Hurst ruling requires that to be put to death by lethal death recommendations be injection just after the Flor- unanimous, even though the ida Supreme Court — which, federal court did not address along with federal courts, the issue. often must consider last-min
This spring, lawmakers ute appeals — resumes work again amended the state’s after a summer recess. The court is scheduled to issue its first set of rulings after a monthlong summer break Aug. 31.
Asay will be the first death row inmate put to death under a new, untested lethal injection protocol adopted by state corrections officials in the midst of the upheaval over the death penalty earlier this year. The changes to the threedrug lethal injection procedure come after the previous drugs used by the state to execute prisoners expired.
The move to the new drugs in Florida — never before used in lethal injection procedures, according to national experts — is almost certain to spur additional litigation, generally launched by the first inmate scheduled to undergo a new protocol, which in this instance would be Asay.
Asay was convicted in 1988 of the murders of Robert Lee Booker and Robert McDowell in downtown Jacksonville. Asay allegedly shot Booker, who was black, after calling him a racial epithet. He then killed McDowell, who was dressed as a woman, after agreeing to pay him for oral sex. According to court documents, Asay later told a friend that McDowell had previously cheated him out of money in a drug deal.
Asay’s case has also involved a legal tangle over destroyed records and a lawyer who was the subject of an investigation ordered by Florida Supreme Court Chief Justice Jorge Labarga.
The high court dropped the inquiry after Mary Catherine Bonner, who repeatedly missed critical deadlines in death penalty cases, resigned from a statewide registry that made her eligible to represent defendants in capital cases.
Marty McClain, a lawyer appointed to represent Asay after Scott signed a death warrant early last year, found that the death row inmate had gone for nearly a decade without representation.