Broward County: Jury nonunanimously recommends death for Howard Ault for third time

Yesterday, a Broward County jury recommended by a vote of 9-3 that Howard Ault be resentenced to death.

Yesterday, a Broward County jury recommended by a vote of 9-3 that Howard Ault be resentenced to death.

Photo of the Broward County courthouse circa 1910, downloaded from Florida Memory, a project of the State Library and Archives of Florida

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Background

Ault was originally convicted of two counts of first-degree murder and sentenced to death for crimes that occurred in 1996 following a jury’s recommendation by a vote of 9-3 on both counts.¹ On direct appeal in November 2003, the Florida Supreme Court affirmed his conviction but vacated his sentence of death and remanded for a new penalty phase based on an error in jury selection.²

Ault’s resentencing began on July 30, 2007.³ Following the presentation of evidence, the jury again recommended death by votes of 9-3 and 10-2.⁴ On direct appeal from resentencing, the Florida Supreme Court affirmed Ault’s sentences of death, agreeing that “the trial court erred in rejecting mitigating factors” but determining that the error was harmless in light of the “extensive aggravation.”⁵ His sentences of death became final on October 3, 2011.⁶

In 2017, on postconviction, the Florida Supreme Court vacated Ault’s sentences of death based on Hurst in light of the jury’s nonunanimous recommendations for death.⁷

Resentencing

Ault’s new penalty phase began on February 7. After the presentation of evidence, according to the Miami Herald, the jury deliberated for eight hours over two days. Ultimately, the jury issued its recommendation for death by a vote of 9-3 on both counts. (The jury verdict is not yet available on the docket. This post will be updated when it is.)

Under Florida’s 2023 capital sentencing statute, the trial court has the discretion to impose a sentence of LWOP rather than death despite the jury’s recommendation. According to the Sun Sentinel, the next hearing is set for April 22.

If Ault is sentenced to death and the sentence is affirmed on direct appeal, Ault will have been sentenced to death three times following a jury’s 9-3 recommendation for death, essentially receiving the same sentence the Florida Supreme Court overturned in 2017.

News Articles

• Miami Herald

• Sun Sentinel

1. Ault v. State, 213 So. 3d 670, 674 (Fla. 2017).

2. Id.

3. Id.

4. Id. at 676.

5. Id.

6. Id. at 677.

7. Id. at 680. For a full explanation of Hurst, see the five-part TFDP series available here. Note that Ault would’ve also been entitled to Hurst relief based on his original sentences of death as well, which became final after Ring v. Arizona and were imposed following the jury’s nonunanimous recommendations.