Fight between governor, Ayala over death penalty heads to high court

ORANGE COUNTY, Fla. — Gov. Rick Scott and a prosecutor who refuses to seek the death penalty in Orange and Osceola counties will square off against each other before the state's high court.

It’s all part of the fallout from State Attorney Aramis Ayala’s decision to no longer pursue the death penalty.

The state Supreme Court will take up the issue at the end of the month and will hear arguments, meaning Ayala’s attorneys will tell the court her side.

Gov. Rick Scott’s lawyers will have the same opportunity.

Ayala is suing the governor because he took 23 cases in which the death penalty might be appropriate and handed them off to State Attorney Brad King from Ocala.

The governor said his executive authority gives him the right to do that, but Ayala argues he’s stepping on her responsibility to decide when and if to pursue the death penalty.

But her blanket statement about not using it in any case is what raised so many eyebrows.

It means she will not go through the common procedure of reviewing the evidence in a specific case before making a decision.

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.

The case has the potential to become a landmark ruling.

Opponents argue a win for Ayala might open the door to prosecutors being able to pick and choose what laws they’ll enforce.

Ayala argues a win for Scott would reduce the inpendance of the justice system.

The attorneys will meet face-to-face in the state’s highest court on June 28 for what will likely be a final chance to make their points.

WFTV’s legal analyst said it’s a sign the court is willing to take its time and is in no hurry to undo the governor's actions.

Channel 9’s Field Sutton reached out to representatives for Ayala and for the governor to ask whether they’ll be appearing in front of the Supreme Court in person.

He has not gotten a response.

Ayala’s lawyer said he believes this is a good chance for the state attorney to convince the judges her position on the death penalty is in the best interest of public safety.

Cox Media Group