Polk County: Jury recommends death for Marcelle Waldon
After Waldon waived his right to present mitigation to the jury, the jury voted to recommend a sentence of death on both counts by a vote of 11-1.
On Tuesday, following the penalty phase, a Polk County jury recommended that Waldon be sentenced to death.
Before trial, Waldon, through his attorneys, challenged Florida’s 2023 capital sentencing statute through various Motions. Likewise, the State filed a Motion seeking permission to apply the 2023 statute. On November 20, 2023, the trial court held a hearing on the various Motions. On December 4, the trial court entered an Order granting the State’s Motion and denying Waldon’s.
Jury selection began in mid-January. On January 31, the jury convicted Waldon of two counts of first-degree murder.
The trial then proceeded to the penalty phase. During the penalty phase, the State introduced several victim impact statements.
After the penalty phase, the jury voted to recommend a sentence of death on both counts by a vote of 11-1. The jury found unanimously that the State proved all 6 aggravating factors beyond a reasonable doubt on both counts.
The full verdict form can be downloaded here.
Under the 2023 capital sentencing statute, the trial court has the discretion to impose a sentence of LWOP rather than death despite the jury’s recommendation.
He deserves the most severe punishment under the law. Seems that he thinks so as well.