ORLANDO, Fla. — Florida Gov. Ron DeSantis signed Senate Bill 450 Thursday, ending a unanimous jury requirement in death penalty sentencing.
It reforms Florida’s death penalty statutes, including reducing the number of jurors needed to issue capital punishment.
Previously, the requirement was unanimous. Now it only needs to be a super majority of eight jurors out of twelve. This may change the story for many victim’s families who are dealing with Florida’s criminal court system.
A little more than 10 years ago, Rafael Zaldivar’s son Alex was a witness during a home invasion.
He was expected to testify against Bessman Okafor, who later had Alex killed. Since then, Zaldivar has spent his life fighting to bring justice to his son.
“We’re going on the 11th year. By the grace of God, I have the energy and power to continue,” said Zaldivar. “This year we’re preparing for the case. It’s going to be several months until October. We’re going to have to wait to see what the jury says.”
In 2015, Okafor was sentenced to death, but in 2016, the Supreme Court ruled death sentences require a unanimous jury.
“All the cases that were not unanimous in that timeframe had to come back for re-sentencing,” Zaldivar said. “Sadly, our case was in there, so here we are today, back again.”
The new law reforms Florida’s death penalty statutes, including reducing the number of jurors needed to issue capital punishment — requiring a supermajority of eight out of twelve jurors. It’s something Zaldivar said he’s been waiting for.
“He took my son’s life. He’s still living. He needs to forfeit his life,” he said.
The difference between death row and life behind bars is not just life or death, but the lifestyle an inmate can have in prison. Zaldivar said he’s getting ready for Okafor’s penalty case, including a status hearing on April 28.
“When you’re on death row, you’re in a 6x9 [cell]. And you never know when that phone call is going to come, saying your time is up,” Zaldivar said.
That’s one of the reasons why Zaldivar and his family haven’t given up their fight.
“I still wake up in the morning,” Zaldivar said. “And we don’t see him anymore.”