03 February 2017 :

The Florida Supreme Court ruled that Gerhard Hojan is entitled to a new sentencing hearing because Florida's process for implementing the death penalty at the time was unconstitutional. The jury that convicted Hojan recommended execution by a vote of 9 to 3. Last year, the court ruled that death penalty recommendations had to be unanimous. Hojan, now 41, Hispanic, was sentenced to death in 2005 for the March 11, 2002 murder of Christina Delarosa, 17, and Willie Absolu, 28, during a robbery at the restaurant. A 3rd employee, Barbara Nunn, survived a shot to the head. Hojan's was 1 of more than 200 cases statewide where the Supreme Court ruled a defendant on death row could be entitled to a new sentencing hearing. Florida currently has no system in place for imposing a death sentence, so Broward prosecutors can either wait until a new law is passed and upheld or agree to sentence Hojan to life in prison. Assistant Broward State Attorney Carolyn McCann, who is in charge of the office's special projects division, said prosecutors will continue to pursue the death penalty against Hojan. (See also 24/11/2003 and 02/08/2005).