Media Roundup; Legislation Update; Clay County case
Recent news about Florida's pending capital sentencing legislation, the Barwick execution, and more. Also, an update on pending legislation and a recent Clay County outcome.
Media Roundup
Gaskin Execution
“So here I am, 33 years later being asked by the Governor’s office if I want to witness the execution (really?). And by reporters how I feel about the death warrant being signed. Consequently, I have had to reflect, relive, remember all that has happened since that night.
“I would be satisfied if Louis remained in prison, without the possibility of release. I don’t believe the death penalty serves any purpose.
"What will really bother me is if this might, in some way, advance FL Gov. DeSantis in his presidential quest," the statement continues. "I find him and his views highly offensive and divisive. His signing this death warrant is not doing me any favor, it has only stirred up painful memories and has victimized me again.
Frank Fernandez, Noreen Rector, one of Gaskin’s victims, opposes execution, has strong words for DeSantis, The Daytona Beach News-Journal (Apr. 5, 2023)
Gaskin has been on Florida’s death row for over 20 years and has unsuccessfully filed numerous requests for relief from his sentence of death – including several claims that his sentence stands in violation of the Sixth Amendment to the U.S. Constitution because it was imposed under Florida’s prior unconstitutional capital sentencing scheme. He and his attorneys are now litigating his final claims in an effort to avoid the scheduled execution–a process that is taxing on everyone involved, including the Court.
Melanie Kalmanson, Florida’s Recklessness with Death, Tallahassee Democrat (Apr. 6, 2023)
Barwick Execution
Darryl B. Barwick’s execution is set for May 3 at 6 p.m. It’s the third execution scheduled in Florida this year after a break dating back to 2019. Donald Dillbeck was executed in February, and Louis Bernard Gaskin is set to be euthanized April 12.
Execution set for man convicted of stabbing woman 37 times, AP News (Apr. 4, 2023)
Associated Press, Florida execution set for man convicted of stabbing woman 37 times, Tampa Bay Times (Apr. 4, 2023)
Gov. Ron DeSantis has signed death warrants for three death row inmates in less than three months after a nearly four-year lull in carrying out executions in Florida.
Naomi Feinstein, Ron DeSantis Signs Third Execution Order in Three Months, Miami New Times (Apr. 5, 2023)
Capital Sentencing Legislation
Herman Lindsey, convicted of the 1994 murder of a Fort Lauderdale pawn shop worker in 2006 but was later exonerated, came to the state capital last week to speak about a death penalty measure which could change the minimum number of jurors required to sentence a defendant to death.
“Passing this bill…will create more innocent people going to death row,” Lindsey said. “Yes it will. It will. If you look at the vote count – my vote count was 8-4. And we don’t even understand…how my jury even reached a verdict of guilty.” Currently, 12 jurors must unanimously vote to sentence someone to death.
Mitch Perry, FL death row exoneree opposes death penalty measure - more innocent people will go to death row (Apr. 3, 2023)
Eradication of the unanimous-jury requirement for executions in Florida is a virtual certainty now that a bill allowing eight out of 12 jurors vote to impose a death sentence heads to Governor Ron DeSantis for signing.
Elura Nanos, Outrage over Parkland trial leads Florida to soften unanimous jury requirement for death penalty, Law & Crime (Mar. 31, 2023)
Legislation that would make it easier to get death penalty decisions in Florida is one step away from passing both chambers in the Capitol. . . . The bill now heads to the House floor, where it must be approved before getting Gov. Ron DeSantis' expected signature.
Douglas Soule, Legislation lowering Florida death sentence threshold nears DeSantis’ desk, Tallahassee Democrat (Mar. 31, 2023)
Florida’s threshold for the death penalty could soon be the lowest in the nation, with the Florida Senate on Thursday passing a priority bill of Gov. Ron DeSantis to require the vote of only eight jurors out of 12 in order to implement capital punishment.
Romy Ellenbogen, Florida death penalty requirement could soon be 8 out of 12 jury votes, Tampa Bay Times (Mar. 30, 2023)
Crosley Green
Brittany Shammas & Angela M. Hill, He was released from prison. Florida wants him sent back for life., Wash. Post (Mar. 31, 2023)
Other
The jury convicted Young of manslaughter, sparing him and themselves an automatic second trial to weigh whether the 27-year-old man should lose his life for taking Johnson’s.
Hannah Phillips, No death penalty: Jury convicts Larry Darnell Young of manslaughter in teen girl’s fatal shooting, The Palm Beach Post (Mar. 30, 2023)
If a defendant is convicted in a death penalty case, then a separate trial is held in which the jury weighs aggravating and mitigating factors, to determine whether to recommend a death sentence. Prosecutors wouldn’t go through that process if they didn’t have to. Indeed, the Supreme Court has struck down mandatory capital punishment on multiple occasions, reiterating that individualized sentencing is needed.
Jordan Rubin, Rick Scott’s ‘automatic death penalty’ for school shooters is illegal, MSNBC (Mar. 28, 2023)
Legislation Update
Capital Sentencing
This is the legislation that would lower the jury vote necessary to impose a sentence of death from 12-0 to 8-4 and add judicial discretion to the sentencing process.
SB450 was passed by the Senate last week.
HB555 was referred to the House Calendar on Monday (April 3). It was added to the Second Reading Calendar.
Capital Sex Crimes
This is the legislation that would impose a death penalty for certain sex crimes despite long-standing U.S. Supreme Court precedent saying the punishment is unconstitutional.
SB1342 has been removed from the Judiciary Committee’s agenda. It is now in the Rules Committee.
HB1297 was referred to the House Calendar on Monday (April 3). It was added to the Second Reading Calendar.
Capital Drug Crimes
This is the legislation that seeks to broaden capital drug crimes.
SB280 has not moved since March 23. It has at least one more committee stop.
HB365 has not moved since March 15. It is currently in the Judiciary Committee.
Clay County Case
John Taylor received a life sentence after the prosecution waived death ahead of a resentencing that was scheduled to commence next month.
Taylor was sentenced to death for a crime that occurred in 1997 after the jury voted 10-2 to recommend a sentence of death. His sentence became final in 2004. The Florida Supreme Court granted a new sentencing proceeding in 2017 due to Hurst. Justice Lawson concurred specially with an opinion, and Justices Canady and Polston dissented.