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US Supreme Court To Weigh Death Case From 1998 Nine Mile Popeye’s Murder
March 10, 2015
In a case stemming from the murder of an Escambia fast-food restaurant manager, the U.S. Supreme Court on Monday agreed to take up constitutional questions dealing with juries in Florida death-penalty cases.
In a two-sentence order announcing it would hear an appeal by Death Row inmate Timothy Hurst, the Supreme Court did not spell out the details of issues it will consider.
Hurst was convicted in the May 1998 murder of Cynthia Lee Harrison, a Nine Mile Road Popeye’s Fried Chicken manager who was found in a restaurant freezer bound, gagged and stabbed, according to a brief filed by the Attorney General’s Office. Hurst, now 36, was an employee of the restaurant.
But Hurst’s appeal focused heavily on Florida’s lack of a requirement that juries be unanimous in recommending imposition of the death penalty. The appeal also focused on Florida not requiring juries to be unanimous in finding what are known as “aggravators” that justify death sentences. Another issue in the appeal was whether juries should have a role in determining whether capital-case defendants are intellectually disabled.
In death-penalty cases, juries make sentencing recommendations to judges, who ultimately decide whether defendants should be sent to Death Row. The appeal said Florida’s lack of a requirement for unanimity in jury recommendations and in finding aggravators is unusual.
“In the death penalty arena, while a clear majority of states have approved a spectrum of death penalty schemes, Florida remains unique among them in not requiring unanimity of either the finding or recommendation of death or of the aggravating factors that justified that verdict,” said a petition filed in December by Hurst’s attorney. “It is a position the Florida Supreme Court has recognized, and it is one that court feels ill at ease about.”
The U.S. Supreme Court’s order Monday cited a 2002 capital-sentencing decision known as Ring v. Arizona, which is a foundation of Hurst’s appeal. Also, it said the question in Hurst’s case is whether “Florida’s death sentencing scheme violates the Sixth Amendment or the Eighth Amendment” of the U.S. Constitution.
Hurst’s attorney, David A. Davis, could not be reached for comment Monday. Briefs in the case were posted on the website of SCOTUSblog, which closely tracks U.S. Supreme Court proceedings.
In 2000, a jury voted 11-1 to recommend the death sentence for Hurst, and a circuit judge agreed with the recommendation. After an appeal, the case was later sent back to circuit court for a new sentencing proceeding.
In that proceeding, the defense argued that Hurst was intellectually disabled, a position that the state disputed. A jury voted 7-5 to recommend the death penalty for Hurst, and Circuit Judge Linda Nobles sentenced him to death. A divided Florida Supreme Court rejected an appeal last year.
Monday’s order came a day before the Senate Criminal Justice Committee considers a bill that would address key issues in the Hurst case. The bill, filed by Sen. Thad Altman, R-Rockledge, would require juries to be unanimous before recommending the death penalty and also would require unanimity in determining whether aggravating circumstances justify death sentences.
But in the appeal to the U.S. Supreme Court, Hurst’s attorney wrote that the Florida Supreme Court has asked the Legislature to resolve such issues in the past, but lawmakers had refused.
Comments
22 Responses to “US Supreme Court To Weigh Death Case From 1998 Nine Mile Popeye’s Murder”
i dont get it??? This murderer got to live life for over 16 years after what he did to the por victim…compliments of the taxpayers….what a waste of gov monies and even more of an insult to the powerless victim…something is terribly wrong . Looks like the victim got the DEATH sentence and the murderer got LIFE …something stinks in the criminal system.
This coward has been tried and convicted almost 18 years ago. Now the supreme court is getting involved. Stop interfering and kill the coward as he was sentenced. What a waste of the tax payers money keeping this coward alive.
He deserves the death penalty for such a cruel, brutal senseless murder.
Mike you are correct in saying the bible says an eye for an eye. Actually Deuteronomy 19:21 states; life shall go for life, eye for eye, tooth for tooth, hand for hand, foot for foot. But you need to read the verses before 21 to really appreciate this commandment, starting with verse 16. Verse 21 is the punishment that an individual would receive if he falsely accuses a person of a crime he didn’t commit. If a person were to falsely accuse another of murder and the accused could receive the death penalty if convicted, the false accuser would be subject to the same penalty, death. A good deterrent against false accusations. We need that in our judicial system.
I don’t think he should get the death penalty (lethal injection). He should be bound, gagged, stabbed, and left in a freezer. Death row is a joke!
I remember this senseless killing from way back. I did not know the young lady, but, it was such a horrible crime, I have never gone back into that Popeyes since that day. The death penalty is exactly what is deserved.
Doesn’t The Bible say “an eye for an eye”?
Also, aren’t vicious animals put down? “Intellectually disabled”? That is ridiculous, you can look at his photo & see he’s no idiot. I have to agree with Pop. This is so sad.
Remember it like it was yesterday. I am the Deli Mgr at Winn Dixie. . Still haven’t been able to go in there.
I think they should do to him as he did to my friends wife
I was Managing Big Lots back then and we couldn’t figure out why she did not have all the lights on, usually all was busy preparing for opening just like we did . I believe someone questioned if she had gotten there on time to open that morning…..
A very capable friendly young lady, tortured and deprived of her life,
I have never been able to enter that place since. The Murderer should already have recieved his death sentence, this is totally absurd. We dont need to be housing and feeding these murderers. He deprived a beautiful, lovely young, productive woman of her life. Why then should he have His?
Fry him!!!
I live near that Popeye’s and could not go there for 3yrs. knowing what happened there. This act was heinous and the punishment should stand. He knew enough to commit a crime, let him face the penalty.
Sounds like he passed his own “death penalty” on this poor woman. So it’s ok for one man to enact her death penalty, but a jury of majority can’t decide his penalty?
And who’s is paying for all this legal wrangling? The tax payers of course!!
Yeah, I don’t understand the length of stay on death row. I do understand their rights to appeal, because I truly believe there are ppl sentenced wrongly. I do not believe this guy is intellectually challenged. He is a vicious person. Just more delays for this monster.
Does anyone know if the victim, Cynthia Harrison, lived in Cantonment and attended Pensacola Christian School?
I love how now they are trying to say well he wasn’t smart enough to know what he was doing… ARE YOU KIDDING ME!!!!!!
He was smart enough to work there and fry chicken.. He was smart enough to trick her in to letting him in the store that morning. He was smart enough to tie her up like an animal and butcher her with a box cutter and then tried to cover his tracks… Let’s not forget what he looked like when he was arrested.. I would say 80-100lbs heavier so he is smart enough to workout while in prison!!!
But yet he is not smart enough to know right from wrong… Come on! This woman suffered at the hands of this animal and the fact that he is still alive is an injustice!
She took my order a few days before being BUTCHERED.why is he still alive.death by fire ants be to good for this SCUM.As far as a 12 vote jury decision. Can you ever get12 peope to agree. I served as fore person on a well known murder trial here,so I know the ropes
Requiring unanimity for recommending death is akin to repealing the death penalty. It’s tough enough to get a MAJORITY of reasonable people on a jury.
Every time I pass this place I think of the murder it seems like only yesterday.
Bound, gagged and stabbed is an understatement, he TORTURED that poor woman. If anyone deserves the death penalty it is him. As for the lack of being “intellectually disabled, he sure had the intellect to clean up the evidence to try and prevent himself from getting caught. He had no problem spending the money he stole on bling and his vehicle. He needs to be executed ASAP so the victims children don’t have to keep reliving this nightmare.
I remember this murder very well. 17 Years and no justice for Ms Harrison.