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Thread: Florida State Attorney Aramis Ayala

  1. #41
    Administrator Aaron's Avatar
    Join Date
    Nov 2015
    New Jersey
    Ayala responds to Scott's accusations in death penalty legal battle

    State Attorney Aramis Ayala filed a legal document Monday morning in response to accusations brought forth by Gov. Rick Scott in their ongoing lawsuit over the prosecutor's death penalty stance.

    The court papers were filed Monday with the Florida Supreme Court.

    Ayala is fighting Scott's series of executive orders to transfer almost two dozen cases from her office after she said her office wouldn't pursue the death penalty against accused double murderer Markeith Loyd or any other case that her office tried.

    Monday's court filings said Scott told citizens who had written to him to complain about four recent cases that he couldn't intervene because the state attorney is an elected official.

    The court papers suggest that Scott has either been less than honest with citizens or his views have changed in Ayala's case.

    "Either Scott was being less than honest with these citizens or his view has suddenly changed. In his opposition, Scott now claims that he can reassign state attorneys against their will whenever he wants, and for whatever reason he wants, as long as doing so is not 'without any reason whatsoever,'" the document reads.

    The argument also accuses Scott of abusing his power, suggesting that cases should be reassigned only if a state attorney is charged with “malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, or commission of a felony,” none of which apply to Ayala.

    "Importantly, nowhere in his opposition does Scott argue that Ayala has somehow failed to do her job—and wisely so, because that charge would be unfounded. Ayala did not refuse to prosecute capital cases or pledge to seek lenient sentences for convicted killers. She was—and is—zealously prosecuting crimes in her judicial circuit," the filing reads.

    In contrast to previous cases that Scott has shifted to other prosecutors, Ayala said she did not give her consent to have Scott "shrink" her authority.

    "Ayala’s argument is that the governor may not remove cases from a state attorney who is ready, willing, and able, and who opposes transfer on account of her constitutional authority," the filing reads.

    The document also addresses claims from an April 26 joint filing between Scott and Attorney General Pam Bondi that Ayala asked for the state to reassign a case involving Loyd to neighboring State Attorney Brad King.

    Ayala argues that she made that request only because she was required to do so under Scott's executive order.

    "The answer is that the text of the Scott’s order says that King is assigned Ayala’s duties 'as they relate to the investigation, prosecution, and all matters related to Markeith Loyd,' so she has simply ceded all of Loyd’s remaining cases to King pending a ruling by this court," the document reads.

    Scott's legal supporters have suggested that Ayala acted based on personal feelings rather than evidence when she announced her death penalty stance. Ayala said the biggest factor in her decision was the concern for families of murder victims.

    The families of Loyd's alleged victims, 24-year-old Sade Dixon and Orlando Police Lt. Debra Clayton, filed an amicus brief on Wednesday in support of Scott, asking that they have the opportunity to provide input and insight.

    "For that reason alone, survivors must have meaningful, substantive, unbiased input into any state attorney’s sentencing decision, as reflected by various victims’ rights laws. Only 10 percent of family member survivors oppose the death penalty for their loved one’s murderer," the brief reads.

    King is seeking the death penalty against Loyd. It is unclear when his trial will begin because he has waived his right to a speedy trial.
    If we showed a caveman technology, he'd think it was magic. If we showed a modern man magic, he'd think it was technology.

  2. #42
    Administrator Aaron's Avatar
    Join Date
    Nov 2015
    New Jersey
    Florida death penalty-prosecutor fight heads to high court

    TALLAHASSEE, Fla. — Gov. Rick Scott and a Florida prosecutor who refuses to seek the death penalty will square off against each other before the state's high court.

    The Florida Supreme Court on Tuesday ordered a June 28 hearing so justices can question attorneys representing the Republican governor and State Attorney Aramis Ayala.

    The Orlando prosecutor is fighting Scott's orders to transfer almost two dozen cases after she said her office wouldn't pursue the death penalty. Ayala has said the process is costly and it drags on for the victims' relatives.

    Ayala announced her decision in March as her office was starting to build a case against Markeith Loyd in the fatal shootings of an Orlando police lieutenant, and his pregnant ex-girlfriend.

    Scott reassigned the cases to a prosecutor in a neighboring district.
    If we showed a caveman technology, he'd think it was magic. If we showed a modern man magic, he'd think it was technology.

  3. #43
    Administrator Helen's Avatar
    Join Date
    Jan 2013
    Toronto, Ontario, Canada
    George Soros-backed prosecutor yanked after refusing to seek death penalty for cop killer

    Accuses Florida Gov. Rick Scott of abuse of power after he reassigns 21 files

    By Valerie Richardson
    The Washington Times

    A Florida prosecutor elected with $1 million from liberal billionaire George Soros has been removed from all first-degree murder cases after refusing to seek the death penalty for any suspect, including an accused cop killer.

    State Attorney Aramis Ayala, who won an upset victory in November after receiving $1.38 million from the Soros-backed Florida Safety & Justice PAC, had 21 first-degree murder cases in Orange and Osceola counties reassigned Monday to other prosecutors by Florida Gov. Rick Scott, a Republican.

    His executive order came after she announced she would not seek the death penalty against Markeith Loyd, who has been charged in the murders of his pregnant ex-girlfriend Sade Dixon in December and Orlando police Lt. Debra Clayton in January, or any other defendants.

    Another officer, Orange County sheriff’s Deputy Norman Lewis, died in a Jan. 9 car crash during the hunt for the 41-year-old Loyd.

    “While I currently do have discretion to pursue death sentences, I have determined that doing so is not in the best interest of this community or in the best interests of justice,” said Ms. Ayala, a Democrat, at her March 16 press conference.

    Mr. Scott
    responded by reassigning the Loyd case to a prosecutor in another circuit. He said his decision this week to follow up by removing the 21 cases was made “in the interest of justice.”
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    “There are some people who just do not deserve to live,”
    - Rev. Richard Hawke

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