The Florida Supreme Court on Thursday ruled Gov. Rick Scott has the authority to take death penalty cases away from Orange-Osceola State Attorney Aramis Ayala after she announced about five months ago that she wouldn't seek capital punishment for anyone.
And in response, Ayala has announced that she will create a death-penalty review panel. But Gov. Scott's office said that's not enough.
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It's the latest political defeat for Ayala, who has faced an uphill battle after she announced in March that she wouldn't seek the death penalty against Markeith Loyd, the man accused in the shooting deaths of his pregnant ex-girlfriend, Sade Dixon, and Orlando Police Lt. Debra Clayton.
The newly elected state attorney said during a March news conference at the Orange County Courthouse that "while I currently have the discretion to pursue death sentences, I have determined that doing so is not in the best interests of this community or the best interests in justice."
In a response later that day, the governor removed Ayala from the Loyd case and additional murder cases as the months went on, assigning them to State Attorney Brad King. In April, King filed paperwork indicating the state would seek the death penalty against Loyd.
In April, Ayala filed a federal lawsuit against Scott because he reassigned nearly two dozen death penalty cases.
"The people of Orange and Osceola counties overwhelmingly elected State Attorney Aramis Ayala to serve as their prosecutor, not Governor Scott or State Attorney King," Ayala's attorney, Roy L. Austin, said in a statement at the time. "Just because Governor Scott disagrees with State Attorney Ayala's exercise of her lawful discretion, he does not have the authority to interfere with her ability to do her job because of his political position."
The court's ruling — and reaction
On Thursday, the state's highest court ruled the governor does have the authority.
"The executive orders reassigning death-penalty eligible cases in the Ninth Circuit to King do not exceed the Governor's authority on the facts of this case. Therefore, we deny Ayala's petition," the court concluded.
The court stated Ayala's "blanket refusal to seek the death penalty in any eligible case" shows that she "at best, (has) a misunderstanding of Florida law."
Ayala said that she will respect the Supreme Court's decision, but in a surprising twist, she announced that she plans on creating a death-penalty review panel.
"The Supreme Court of Florida ruled today that a case-specific determination must be made on first degree murder cases. To ensure today’s Court’s decision is heeded, I have organized a Death Penalty Review Panel comprised of 7 well-versed and experienced Assistant State Attorneys. This panel will evaluate each first-degree murder case in the 9th Judicial Circuit," she stated in a press release.
She also said that she believes that with this panel in place, her office will prosecute all first-degree murder cases that happen within her jurisdiction.
News 13 is attempting to reach Ayala and the governor for comment regarding this revelation.
Scott stated the ruling is a win for many who have been impacted by violent crime.
"Today's ruling is a great victory for the many victims and families whose lives have been forever changed by ruthless, evil acts of crime. I absolutely disagreed with State Attorney Ayala's shortsighted decision to not fight for justice," he said in a news release.
However, his office also issued this statement regarding Ayala's announcement of a Death Penalty Review Panel:
“Until State Attorney Ayala fully recants her statement that she will not seek the death penalty in any case, and the Governor is convinced that crime victims will be protected and justice will be served, our office does not plan to return any of the 29 cases that are being prosecuted by State Attorney Brad King. State Attorney Ayala needs to make it clear that her office will seek the death penalty as outlined in Florida law, when appropriate. State Attorney Ayala’s statement today leaves too much room for interpretation.”
Orlando Police Chief John Mina released the following statement on the decision:
"I am extremely grateful for the Florida Supreme Court ruling on the reassignment of death penalty cases by Gov. Rick Scott. Under the prosecution of Brad King, the heinous murders of Lt. Debra Clayton, Sade Dixon and her unborn child have a chance to have their killer punished to the full extent of the law. I have seen the video of Markeith Loyd executing Lt. Debra Clayton while she lay defenseless on the ground. She was given no chance to live. A cop killer, who also killed his pregnant girlfriend, should not be given that chance. The crimes that he committed in our community are the very reason we have the death penalty as an option under the law."
State Attorney General Pam Bondi called the court's decision a victory for victims and their loved ones, and she reaffirmed Scott was right to reassign the murder cases, which includes the case against Evertt Glenn, who is accused in the shooting deaths of two Kissimmee Police officers.
Justices Jorge Labarga, Charles T. Canady, Ricky Polston and C. Alan Lawson sided with Scott, with Justice R. Fred Lewis "concurs in result."
Justices Barbara J. Pariente and Peggy A. Quince disagreed with the majority of the judges.