Seizing on Orlando Murder Case, Justice Breyer Asks Court to “Reconsider Constitutionality of Death Penalty”December 13, 2016 | FlaglerLive | Leave a CommentJustice Stephen Breyer characterized the death penalty as cruel and unusual in light of the case of Henry Sireci, 68, who’s been on Florida’s Death Row for 40 years and has yet again been cleared for execution.