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Ousted In Cop Case, Prosecutor Who Won’t Seek Death Penalty Challenges Scott

| March 21, 2017

State Attorney Aramis Ayala with attorney Benkamin Crump in an image she posted to her Facebook election account last June. The caption Ayala wrote read: 'I was proud to interview Benjamin Crump, Esq., and to receive his endorsement tonight. Mr. Crump has represented the families of Michael Brown and Trayvon Martin, and he knows how important state attorneys are to maintaining an equitable justice system.'

State Attorney Aramis Ayala with attorney Benkamin Crump in an image she posted to her Facebook election account last June. The caption Ayala wrote read: ‘I was proud to interview Benjamin Crump, Esq., and to receive his endorsement tonight. Mr. Crump has represented the families of Michael Brown and Trayvon Martin, and he knows how important state attorneys are to maintaining an equitable justice system.’

A Central Florida state attorney who created a firestorm by deciding not to seek the death penalty for alleged cop-killer Markeith Loyd — or in any other capital case — is accusing Gov. Rick Scott of abusing his authority by ousting her as prosecutor in the Loyd case.

Aramis Ayala, state attorney for the 9th Judicial Circuit in Orange and Osceola counties, asked a judge Monday to put a hold on proceedings in the case of Loyd, accused of killing his pregnant ex-girlfriend, Sade Dixon, and the execution-style killing of Orlando Police Lt. Debra Clayton.

The legal action from Ayala, who infuriated Scott and other Republican elected officials by announcing last week she would not seek the death penalty in Loyd’s case or any others, came after Scott reassigned the case to Brad King, an Ocala-area state attorney who is an outspoken proponent of the death penalty.

Ayala’s action came the same day more than 100 former prosecutors, judges and law professors sent a letter to Scott challenging his authority to remove the prosecutor — who, like other state attorneys, enjoys broad discretion in seeking the death penalty — from pursuing the case as she sees fit.

In a five-page filing, Ayala argued that Scott lacks the power to strip her of her role as prosecutor.

The Florida Constitution gives Ayala “complete authority over charging and prosecuting decisions,” she wrote.

State law only gives the governor the authority to remove a prosecutor if he determines for “good and sufficient reasons” that “the ends of justice would be served,” Ayala went on, citing state statutes.

“A ‘good and sufficient reason,’ therefore, must be something other than a disagreement over how I should exercise my discretion in a particular case,” Ayala wrote.

If a court interpreted the state law in the same manner as Scott, Ayala wrote, the governor could supersede a prosecutor in any given case.

“Giving the governor the tremendous and unfettered discretion to interfere in that decision making, would be unprecedented and could undermine the entire justice system in Florida,” she wrote.

Ayala asked a judge to set a schedule allowing motions from both sides to be heard, and also indicated she would be willing to share her investigative files with King, the special prosecutor in the Loyd case, to avoid delays.

In the filing, Ayala noted that Scott called her Thursday and asked if she would recuse herself from the case. When she refused, he reassigned the case to King without giving her the opportunity to explain her decision.

After learning of Scott’s action Thursday, Ayala said in a statement that she would follow any “lawful order” and “fully cooperate to ensure the successful prosecution of Markeith Loyd,” for whom she had intended to seek life in prison.

In Monday’s filing, Ayala said she had not yet received an order from Scott indicating he had yanked her from the case.

Scott defended his decision to appoint a different prosecutor.

“When I first heard that the State Attorney Ayala had decided not to fully prosecute the accused murderer of his pregnant girlfriend, Sade Dixon, and officer Debra Clayton, I personally was shocked,” Scott told reporters Monday afternoon.

Scott said he attended the funeral of Clayton, whom Loyd is accused of killing execution-style, and Norm Lewis, an Orange County deputy who died in a traffic crash during a nine-day hunt for Loyd.

“So the first thing I did was I asked her to recuse herself, she said she wasn’t going to so I moved the case to Brad King. Last week, she said she was fine with that. Today she’s changed her position. So the case has been assigned to Brad King, and that was the right decision,” the governor said.

Late Monday, Rep. Bob Cortes, R-Altamonte Springs, asked Scott to suspend Ayala from office, saying “it is obvious” cases in her circuit “will not be handled in the manner they should by the current state attorney.”

Scott said earlier in the day he is “going to continue to look at our options” regarding removing Ayala from her post.

“Right now, I’m focused on Markeith Loyd,” he said.

Ayala, who defeated incumbent Democrat Jeff Ashton in an August primary, told reporters last week she arrived at her decision not to seek the death penalty in any cases because “doing so is not in the best interest of this community or the best interest of justice.”

Her objection to being taken off the Loyd case came the same day more than 100 legal experts also accused Scott of overstepping his authority.

Former state Supreme Court justices Gerald Kogan and Harry Lee Anstead, both outspoken critics of Florida’s death penalty system, and Talbot “Sandy” D’Alemberte, a former American Bar Association president who also served as president of Florida State University, were among those who signed the missive to Scott, warning that his involvement in the case “sets a dangerous precedent.”

“Your executive order that seeks to remove State Attorney Ayala from this position in the Loyd case — absent any showing that her decision is violative of the state or federal Constitution — compromises the prosecutorial independence upon which the criminal justice system depends,” they wrote. “The governor picking and choosing how criminal cases are prosecuted, charged or handled in local matters is troubling as a matter of policy and practice. Indeed, there seems to be no precedent in Florida for this type of use of power.”

Harry Shorstein, a former Jacksonville-area state attorney who signed the letter, told The News Service of Florida on Monday that it was wrong for the governor to remove an elected officer “who was fulfilling her duties but not in the manner in which the governor wanted them to be fulfilled.”

Ayala told reporters her rationale for not pursuing the death penalty was because she believed it is not a deterrent to crime, is costly and can drag on for years, adding to victims’ anguish — reasons Shorstein says have been well-documented.

Shorstein, who served as a state attorney in the 4th Judicial Circuit for nearly two decades and successfully sought the death penalty in dozens of cases, also said it is appropriate to let the courts decide whether Scott usurped his authority.

“It’s a very important question,” he said.

–Dara Kam, News Service of Florida

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16 Responses for “Ousted In Cop Case, Prosecutor Who Won’t Seek Death Penalty Challenges Scott”

  1. MannyHM says:

    It might appear that Gov. Scott had decided already for a death penalty on this guy, an executive overreach. We know this monster is guilty but the courtroom drama has to be played and pretend that he is still innocent until proven otherwise. Lots people want to hear “sentenced to death” but the victim’s family will have endure the emotional roller coaster and traumatic suspense. A smart defense might cite the fact that Gov. Scott had already pre-judge the case, a technical violation. I wonder also if there is any person in Florida who hasn’t heard of this to act as a juror.

  2. r&r says:

    If prejudging is what may happen, doesn’t the states attorney prejudge by lifting the death penalty? He’s an animal who should be treated like one and get put down.

  3. BOBBY S. says:

    WHAT IF IT WAS SOMEONE IN HER FAMILY? I have a better idea save everybody some money just take her LICENSE TO PRACTICE LAW IN THE STATE OF FLORIDA.

  4. beachcomberT says:

    It is wrong for the governor to interfere in a criminal case just as it was wrong for President Obama to deliver his “I am Trayvon” speech before George Zimmerman had his trial. Keep chief executives out of the judicial branch. Although I don’t agree with the prosecutor nullifying the state’s capital punishment laws in all future cases, it’s up to the voters of her circuit to agree or disagree with her position.

  5. Bc says:

    The governor has nothing to do with the out come of his trial. It’s was a death penalty case after he killed a cop in cold blood and his girlfriend and her unborn child. If this Da. Won’t do her job fire her let her go be a public defender. she was sworn in to apply the law so she should follow state law period.

  6. anonymus says:

    she should be removed from the case; this animal killed a cop, a woman & her unborn child & admitted to it. The Govenor is not PRE_JUDGING anything!!

  7. David S. says:

    Your Fired Period!!!

  8. The Ghost of America says:

    Newsflash: prosecutors aren’t required to seek the death penalty. I know this might sadden those of you that praise jesus out of one side of your face while the other face salivates over the prospects of killing someone, but that’s how it is. The fact that a cop was killed is irrelevant, I know you’re all about your boys in blue, especially when they execute unarmed people and suffer absolutely no consequences for it, but they shouldn’t get special treatment even in death.

  9. Sw says:

    Ask for her Resignation. Then fire her. Hang him the next morning and move on. Quit the BS WE are ALL tired of rights for despicable criminals. Hang’em high.

  10. finger pointing, finger printing says:

    let’s make sure all you executioners see to it that Bruce Grove the guy that killed a Flagler Deputy in 03 gets the death penalty revived on him too if you want to play that game.

  11. steadfast&loyal says:

    Newsflash..florida law allows the death penalty ghost, if you don’t like it move to CO, if this case doesn’t warrant it, let the jury decide. The men in blue and in uniform protect your sorry ass, and family from these animals. Had your wife or daughter been held hostage who would you call? Better yet if he put a few slugs in their head your tune would change oh righteous one…!! Glad you got our backs lol

  12. The Ghost of America says:

    Florida might allow it, but prosecutors aren’t required to seek it. Juries don’t decide what the penalty will be based upon what the law says, juries decide guilt or innocence and might be asked by the judge to also decide on penalty, depending upon the charge. There’s your civics lesson for today, since you obviously haven’t had one before.

    As for your boys in blue, I used to have a great deal of respect for the police. I have family members that served in and retired from police departments in other states. That ended when I had to deal with the fcso over an issue involving one of their own, and woke me up to what function police actually serve. Hint: it isn’t to serve and protect.

  13. Outsider says:

    This woman should be removed from office. She is unwilling to enforce the law. The death penalty is legal in Florida, and she has stated she will not consider it in the future. How is this any different from her saying she will not sentence anyone to prison because she doesn’t believe it benefits society? Let’s get her in a position she is qualified for, like maybe a judge for traffic court.

  14. The Ghost of America says:

    I don’t know, outsider. She’s willing to prosecute the case, so it sounds like she’s enforcing the law. I think what you meant was that she’s unwilling to seek the charges that you want. That’s not the same thing.

  15. liberal says:

    Justice can be costly. But we as citizens pay for it.

    To Ghost, she is not required to seek any charge, even the ones the cops arrest the suspect for. In fact, if she wants to plea his case down to disorderly conduct she can. But would it be right, or just? no.

    She also said she wont seek death penalty on any case. Kind of contradictory to her oath when sworn in.

    But, if she doesn’t feel like doing her job, or to the best of her abilities, its time to find another line of work.

  16. The Ghost of America says:

    What part of her oath is the contradicting? The part that says “I will seek the death penalty?” Because that part isn’t there.

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