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Thread: Florida State Attorney Aramis Ayala

  1. #41
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    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.

    http://www.clickorlando.com/news/aya...ering-in-cases
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  2. #42
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    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.

    http://m.startribune.com/florida-dea...urt/426799731/
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  3. #43
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    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.”

    http://www.washingtontimes.com/news/...-after-refusi/
    "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

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  4. #44
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    Death penalty dispute goes to Florida Supreme Court

    TALLAHASSEE, FLA. - Florida Gov. Rick Scott's power to strip a prosecutor of murder cases because she won't seek the death penalty will be tested before the state Supreme Court.

    State Attorney Aramis Ayala is asking the court to block Scott from assigning her Orlando-area murder cases to a neighboring prosecutor.

    Justices will hear arguments Wednesday in the dispute that began in March when Ayala said she wouldn't seek the death penalty against Markeith Loyd, who is charged with the fatal shooting of an Orlando police officer, or any other death case.

    Scott said he reassigned the cases because Ayala isn't following Florida law. Ayala argues that Scott doesn't have the right to take the cases from her because she's independently elected.

    https://www.google.com/amp/amp.newso...158556884.html
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  5. #45
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    Live feed. Really worth watching

    https://www.facebook.com/wftv/
    "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

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  6. #46
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    Court grills Aramis Ayala lawyer over avoidance of death penalty

    By Jim Rosica
    Saint Peters Blog

    A dubious-sounding Florida Supreme Court shellacked Orange-Osceola State Attorney Aramis Ayala‘s lawyer during oral arguments Wednesday, questioning her prosecutorial “discretion” in not seeking the death penalty.

    “I don’t even see a gray area,” Justice R. Fred Lewis said. “It seems to me that ‘discretion’ is not to ignore Florida law.”

    Justice Barbara Pariente also raised concerns over “equal enforcement of the death penalty statute,” suggesting that Ayala created a legal oasis in which murderers will never face the ultimate punishment.

    Ayala, elected last year, unilaterally took “the death penalty off the table in the 9th (Judicial) Circuit … (and) she didn’t run on that platform.”

    Attorneys for Ayala, who attended Wednesday’s hearing in Tallahassee, and lawyers for Gov. Rick Scott debated Ayala’s request that the court order the governor to return capital punishment cases he reassigned to neighboring 5th Judicial Circuit State Attorney Brad King.

    Ayala is a Democrat; Scott and King are Republicans.

    Her attorney, Roy Austin, argued that no law requires her to seek an execution in any given murder case. Austin, who’s been a civil-rights lawyer with the U.S. Justice Department and aide to President Barack Obama, said Scott should be ordered to return the 24 death penalty-eligible cases he took away from her office.

    But Justice Charles Canady, a member of the court’s conservative-leaning minority, countered: “That discretion has to be exercised on a case-by-case basis, rather than a blanket policy … It’s a very absolutist position you are taking.”

    Florida Solicitor General Amit Agarwal, who argued his case without notes, represented Scott. He told the court there was “no prinicipled (way) to defend a blanket policy.”

    The conflict fight began in March when Ayala said her office would no longer seek the death penalty, explaining the process is costly, it’s not a crime deterrent and it drags on for years for the victims’ relatives. House Republicans soon castigated her and moved to strip funding from her office.

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

    “No one individual has the right … to make a policy judgment that has practical effect of nullifying” the state’s capital punishment scheme, Agarwal said. “… No one has done what the petitioner has done here, to say ‘in my mind, (the death penalty) should never be enforced.’ “

    Agarwal also said Scott gave Ayala an opportunity to recuse herself from death penalty cases, which she declined.

    “And reassignment doesn’t let the governor tell prosecutors how to pursue a case,” he said, adding that Scott can’t “micromanage” murder prosecutions.

    After the hearing, Austin told reporters “the law is very clear here.”

    “There’s nothing that requires a case-by-case decision,” he said. “There’s nothing in the law that requires her to seek the death penalty.”

    Ayala spoke briefly, defending her decision to abstain from seeking executions as punishment, saying she was never “given a blueprint.”

    The justices did not give a timeline on when they will rule.

    (This post includes background from The Associated Press, reprinted with permission.)

    http://saintpetersblog.com/court-gri...-ayala-lawyer/
    "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

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  7. #47
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    Wow, that was a hot bench.

  8. #48
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    Supreme Court rules against State Attorney Ayala on death penalty cases

    The Florida Supreme Court ruled Thursday that Gov. Rick Scott has the authority to take death penalty cases away from Orange-Osceola State Attorney Aramis Ayala, who has said she won’t seek capital punishment for anyone.

    “Far from being unreasoned or arbitrary ... the reassignments are predicated upon ‘good and sufficient reason,’ namely Ayala’s blanket refusal to pursue the death penalty in any case despite Florida law establishing the death penalty as an appropriate sentence under certain circumstances,” Justice C. Alan Lawson wrote.

    The court was split 5-2, with Justices Barbara Pariente and Peggy Quince dissenting.

    “The Governor’s decision in this case fundamentally undermines the constitutional role of duly elected State Attorneys,” Quince wrote.

    Scott called the decision a “great victory.”

    “Crimes like these are pure evil and deserve the absolute full consideration of punishment – something that State Attorney Ayala completely ruled out,” Scott said in a statement. “She unilaterally decided to not stand on the side of victims and their families, which is completely sickening. In Florida, we hold criminals fully accountable for the crimes they commit – especially those that attack our law enforcement community and innocent children.”

    Ayala's spokeswoman and her lawyer did not immediately respond to requests seeking comment Thursday.

    Ayala, who took office in January, announced March 16 that she will not seek the death penalty for anyone as the region’s top prosecutor. She said research showed the death penalty was unevenly applied, put families through decades-long ordeals, and did not deter serious crimes, among other reasons.

    She did not publicly express any opinions about the death penalty during her campaign, in which she defeated incumbent State Attorney Jeff Ashton in an August 2016 primary open only to registered democrats. Ayala did not face general election opposition on the November ballot.

    Scott responded to her March announcement by signing executive orders taking death penalty cases away from her office and assigning them to State Attorney Brad King of Ocala, starting with the case of Markeith Loyd, accused of first-degree murder in the killings of his pregnant ex-girlfriend, Sade Dixon, and an Orlando police office, Lt. Debra Clayton.

    Since March, Scott has reassigned 29 cases from Ayala to King. Two have gone to trial under King with the help of prosecutors from Ayala’s office who had already been working on them: Juan Rosario of Orange County, who robbed 83-year-old Elena Ortega’s home, beat her with a blunt object, and set fires in her house; and Larry Perry of St. Cloud, who killed his infant son Ayden when he would not stop crying.

    Jurors found both men guilty of first-degree murder and unanimously recommended the death penalty for both. Neither has been formally sentenced.

    Ayala filed two lawsuits in April, one with the Supreme Court of Florida and one in federal court. In the Supreme Court case, Ayala asked justices to determine whether Scott has the legal authority to reassign the cases. The federal case was on hold until the Florida court issued its decision.

    Scott has used the state’s in-house legal counsel to represent him in the suit. Ayala hired Roy Austin, a Washington, D.C.-based lawyer.

    In oral arguments in June, Austin said that the governor was taking away Ayala’s prosecutorial discretion. State attorneys should be able to decide how to pursue their cases independently and without political interference, he said.

    Lawson, the Florida Supreme Court justice, addressed the argument in his written opinion Thursday.

    “By effectively banning the death penalty in the Ninth Circuit—as opposed to making case-specific determinations as to whether the facts of each death-penalty eligible case justify seeking the death penalty—Ayala has exercised no discretion at all,” Lawson wrote. “… Ayala’s blanket refusal to seek the death penalty in any eligible case, including a case that ‘absolutely deserve[s] [the] death penalty’ does not reflect an exercise of prosecutorial discretion; it embodies, at best, a misunderstanding of Florida law.”

    https://www.google.com/amp/www.orlan...story,amp.html
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  9. #49
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    Lot of good news coming from Florida lately. Let's see if Governor Scott signs the next warrant soon.

  10. #50
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    I don't trust this woman Click on the link below there is a poll whether you support the death penalty or not.

    State Attorney Ayala says her office will consider seeking death penalty

    Announcement comes after Florida Supreme Court ruling

    By Adrienne Cutway
    WKMG Orlando

    ORANGE COUNTY, Fla. - Orange-Osceola State Attorney Aramis Ayala has scaled back her decision to not seek the death penalty and instead announced that her office will develop a panel that will consider seeking capital punishment on a case-by-case basis.

    The announcement came Thursday afternoon, hours after the Florida Supreme Court ruled that Gov. Rick Scott has the authority to remove Ayala from first-degree murder cases against her will.

    Scott and Ayala have been entangled in a legal battle since March 16, when she said her office would not seek the death penalty against accused cop killer Markeith Loyd or any other case her office tries.

    Scott responded by issuing a series of executive orders stripping her from 30 first-degree murder cases and reassigning them to neighboring State Attorney Brad King.

    King's office is seeking the death penalty against Loyd in his trials in connection with the deaths of his pregnant ex-girlfriend, Sade Dixon, and Orlando Police Lt. Debra Clayton.

    Seven assistant state attorneys will sit on the new Death Penalty Review Panel.

    Ayala issued a statement saying she respects the Florida Supreme Court's ruling in her legal battle with Scott:

    "The Supreme Court of Florida ruled today that a case-specific determination must be made on first-degree murder cases. To ensure today’s court’s decision is heeded, I have organized a Death Penalty Review Panel comprised of seven well-versed and experienced assistant state attorneys. This panel will evaluate each first-degree murder case in the 9th Judicial Circuit.

    "With implementation of this panel, it is my expectation that going forward all first-degree murder cases that occur in my jurisdiction will remain in my office and be evaluated and prosecuted accordingly."

    The father of an Orange County murder victim does not trust Ayala will follow the recommendations of her office's new death penalty review panel.

    "It's a joke. It's a complete joke," said Rafael Zalidvar.

    Bessman Okafor, the man convicted of murdering Zaldivar's son Alex, is awaiting a hearing in which he could be sentenced to death. Okafor's case is among those that the governor removed from Ayala's office.

    "(The panelists are) going to waste their time," said Zaldivar. "They're going to say, 'Yes. Yes. Yes. Death.' (Ayala's) going to say, 'No, because I don't agree with it.'

    Even with the new panel, King's office will continue to prosecute the 29 first-degree murder cases that were reassigned unless Scott orders otherwise, a spokesman said.

    Scott's office said Thursday evening that it has no plans to return those cases to Ayala unless she "fully recants her statement that she will not seek the death penalty in any case."

    "State Attorney Ayala needs to make it clear that her office will seek the death penalty as outlined in Florida law, when appropriate. State Attorney Ayala’s statement today leaves too much room for interpretation,” Scott's office said in a statement.

    It will also be up to Scott to decide whether or not to remove Ayala from future first-degree murder cases.

    Roy Austin, Ayala's attorney, said he urges Scott to return the cases to Ayala and continue prosecuting any additional first-degree murder cases within her jurisdiction.

    "By setting this (review panel) up, State Attorney Ayala’s action is well within the Florida Supreme Court’s ruling and all cases should be returned to her and no further cases should be removed from her. This gives the

    Governor the opportunity to return the cases to the people of Orange and Osceola Counties," Austin said.

    Two men accused of posing as law enforcement officers while they robbed and fatally shot a man in Kissimmee were charged with first-degree murder on Wednesday. Scott has not yet said if he plans to remove Ayala from that case.

    https://www.clickorlando.com/news/st...-death-penalty
    "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

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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