First Broward County trial under 8-4 statute results in life sentence
The jury failed to find that the State proved aggravation beyond a reasonable doubt. Therefore, the judge must sentence Paul to life in prison without parole.
Last week, a Broward County jury determined that Clarck Paul should be sentenced to life in prison without parole rather than death. It was the first capital trial in Broward County under Florida’s new capital sentencing statute.
Guilt Phase
In May, Clarck Paul was tried for crimes that occurred in 2016. The guilt phase began just after Gov. DeSantis signed Florida’s new capital sentencing scheme into law.
The jury found Paul guilty of one count of first-degree murder, for which the State sought the death penalty.
Penalty Phase
Before the trial, the trial court ruled that Florida’s 2023 capital sentencing statute would apply to Paul’s case, meaning the jury vote necessary for a sentence of death was 8-4. Paul’s trial was the first to proceed in Broward County under the new statute.
Paul’s penalty phase was held last week. According to the Sun Sentinel, the jury rejected the death penalty for Paul, even under the 2023 statute. It was reported that the jury did not reach the final step of voting to recommend the final sentence because the jury determined “prosecutors failed to prove beyond a reasonable doubt that Paul was trying to silence Smalls.” It is unclear what the jury’s actual determination was as to each aggravating factor presented. As of Sunday (Sept. 10) afternoon, the jury verdict was not posted on the docket.
The Sun Sentinel reported that “deliberations lasted only 15 minutes . . . .” The defense “argued that Paul suffered from a variety of mental health conditions that precluded a death sentence as a just punishment.” Paul “mouthed a silent ‘thank you’ three times to the jury after the decision was read.”
Under the statute, the judge must sentence Paul to life in prison without parole and does not have the ability to sentence Paul to death.
Sentencing is set for October 20.
News Articles
Sun Sentinel on testimony at penalty phase
Sun Sentinel on jury’s sentencing determination
TFDP Prior Coverage on Paul’s Case
Judge ruled that the 8-4 statute would apply to Paul’s case
... and thank God that the verdict is res judicata. Back to the drawing board, people. Reinstate the old-fashioned, reasonable 12-0 verdict system, please.
To me, as a retired DP PD attorney out of Louisiana, a wellspring of horrible DP cases in the Harry Connick heydays, this is as close to actual justice as this can get. Without knowing the details of this case, it appears to me that FL's attempt to be the first in the country in attempting to grease the rails for DP verdicts hinged, apparently, on the prosecutor's office, in picking on a case that it KNEW could not sustain the old tried-and-true "unanimous verdict" schematic that has proliferated our CJS and Constitution for nigh unto 250 years now. So, "let's see if the legislature can work its magic and help us FL prosecutors warm up the electric chair (or whatever) with more bodies, since we have lost our ability to do it the old-fashioned way:" meticulous investigation, candor to the defense, following the course laid before them by other juries and judges who threw out silly and misleading theories of prosecution in the vain hope that juries were impervious to logic - and ability to see through the meanness of the office put in charge of seeking justice.
Bravo to this Paul jury! It took courage to withstand this latest infringement on the right to a fair trial, I ken. On this 11 September, of all days, we should remember that death is literally the final act before "shuffling off this mortal coil". How we answer the final call is the determinative factor to what happens next. God bless all of us. And, thank you, Mr. Paul's jurors... You did the right thing.
Phil Johnson
AF 11384275