17 March 2017 :

Gov. reassigns Markeith Loyd’s case after prosecutor refuses death penalty. Florida’s governor took a case involving the killing of a police officer out of the hands of its prosecutor Thursday, hours after she announced that her office would no longer seek the death penalty in any cases. Ayala, 41, Black, Florida’s first black elected state attorney, presides over the judicial circuit that includes Orlando. She is thus far the only prosecutor in the state to categorically refuse to seek the death penalty. In a press conference on the steps of the Orange County Courthouse on March 16, 2017, Orange-Osceola State Attorney Aramis Ayala announced that her office will no longer pursue the death penalty as a sentence in any case brought before the 9th Judicial Circuit of Florida. The unusual and firm stance against capital punishment by State Attorney Aramis Ayala in Orlando surprised and angered many law enforcement officials, including the city’s police chief, who believed suspect Markeith Loyd should face the possibility of execution. Civil liberties groups, though, praised Ayala’s position. A few hours later, sending a clear signal that he wanted Loyd prosecuted in a capital case, Gov. Rick Scott signed an executive order to transfer Loyd’s first-degree murder to State Attorney Brad King of the nearby Fifth Judicial Circuit, a neighbouring district northwest of Orlando. Loyd, 41, Black, is charged with the January 9, 2017 killing of his pregnant ex-girlfriend Sade Dixon and Orlando Police Lt. Debra Clayton (Black). A second officer, Deputy Norm Lewis, was killed in a traffic collision during the manhunt for Loyd. Ayala said she would follow the governor’s order. Ayala said she made the decision after conducting a review and concluding that there is no evidence to show that imposing the death penalty improves public safety for citizens or law enforcement. She added that such cases are costly and drag on for years. Ayala was elected last fall in a judicial district that has grown from being moderately conservative to liberal over the past two decades. “I have given this issue extensive, painstaking thought and consideration,” Ayala said at a news conference. “What has become abundantly clear through this process is that while I do have discretion to pursue death sentences, I have determined that doing so is not in the best interests of this community or in the best interests of justice.” After Ayala announced her decision, Scott asked her to recuse herself from the case, but she refused. The reassignment applies only to Loyd’s case and not Ayala’s other duties since under Florida law, a governor can only suspend an elected official for “malfeasance, misfeasance, neglect of duty, habitual drunkenness, incompetence, or permanent inability to perform official duties.” Florida law allows a governor to reassign a case for “good and sufficient” reasons. “She has made it clear that she will not fight for justice and that is why I am using my executive authority to immediately reassign the case,” Scott said in a statement. Ayala’s decision ignited condemnation from some law enforcement leaders. Orlando Police Chief John Mina said in a statement that he was “extremely upset.” Florida Attorney General Pam Bondi called the decision “a blatant neglect of duty,” saying it sends a dangerous message to residents and visitors. But Adora Obi Nweze of the Florida state conference of the National Association for the Advancement of Colored People, said it was a step in the right direction. “Ending use of the death penalty in Orange County is a step toward restoring a measure of trust and integrity in our criminal justice system,” she said.