UF law professors have signed a letter opposing Florida Gov. Rick Scott’s decision to remove a state attorney from overseeing the case of a cop-killer in Orlando because of her stance against the death penalty.
On March 16, Scott, a Republican, removed Orange and Osceola County State Attorney Aramis Ayala, a Democrat, from the high-profile case of Markeith Loyd, who is accused of killing his pregnant ex-girlfriend, Sade Dixon, and Orlando Police Lt. Debra Clayton, who attempted to arrest him in January.
Ayala announced on March 16 she would not pursue the death penalty in Loyd’s case or any other she oversees. She argued that there isn’t evidence that the death penalty improves public safety and that it’s expensive and time-consuming, the Associated Press reported.
After Ayala’s announcement, Scott removed and replaced her with Ocala-based State Attorney Brad King, immediately drawing scorn from Ayala, who now fights to stay on the case.
Since then, 155 people have signed a letter on scribd.com asking for Scott to reverse his decision. Three UF Levin College of Law professors, Michelle Jacobs, E. Lea Johnston and Kenneth Nunn, have signed the letter.
On Tuesday, a circuit court judge in Tallahassee sided with Scott, denying Ayala’s attempt to delay case proceedings for her to prepare a case for the Florida Supreme Court, the AP reported.
“The governor is given broad authority to assign another state attorney,” the judge, Frederick Lauten, said.
Michelle Jacobs, one of the UF professors who signed the letter, said Scott overstepped his authority in removing Ayala from the case.
“People in the legal profession following this think it’s inappropriate for the governor, who is a political appointee, to step into the role of the state attorney,” she said.
Even though Ayala led a motion in court against this, Jacobs said she doesn’t believe Scott’s decision will be reversed or that he will face any repercussions.
Despite this letter and other public opposition to Scott’s decision, several Florida sheriffs condemned Ayala’s decision not to seek out the death penalty. Alachua County Sheriff Sadie Darnell issued a statement March 16 that she was outraged by Ayala’s choice.
“Ayala’s stance is considered a betrayal to the voters as she failed to make her anti-death penalty position known,” Darnell said.
Last fall, Ayala became the first black state attorney elected in Florida, according to the AP.
Kenneth Nunn, a UF Law professor who signed the letter, said life in prison without bond isn’t a lesser punishment than the death penalty.
Nunn said Scott’s decision was politically charged because Ayala’s views didn’t align with his. He said the argument that Ayala was removed because she didn’t publicly state her stance regarding the death penalty while she was running for state attorney isn’t a good reason to take her off the case.
“He’s stepping into the political arena that overrides the people who elected their state attorney,” he said.
Contact Paige Fry at pfry@alligator.org and follow her on Twitter at @paigexfry
Aramis Ayala
