TALLAHASSEE, Fla. (AP) – The Florida Supreme Court scrutinized a prosecutor over her refusal to seek the death penalty in two dozen murder cases, and a justice suggested during arguments Wednesday that Gov. Rick Scott had the power to suspend the state attorney.
The case involves whether the Republican governor violated the state constitution by taking 24 murder cases out of the hands of Orlando-area State Attorney Aramis Ayala, who has said capital punishment is costly and drags on for years.
Attorney Roy Austin said Ayala, a Democrat, is an independently elected official who has the discretion to seek the death penalty or not. He said nothing in Florida law forces her to do so.
“All State Attorney Ayala asks of this court is that this court return those 24 cases to her and treat her the same and with the same respect that is given to every other state attorney in Florida,” Austin said.
It’s a case seemingly without precedent that began in March when Ayala said she wouldn’t seek the death penalty against Markeith Loyd in the fatal shooting of an Orlando police lieutenant and his pregnant ex-girlfriend. That outraged those who felt that death is an appropriate punishment for Loyd, while death penalty opponents praised Ayala for saying she wouldn’t seek the punishment in any murder case because it’s inefficient and ineffective.