Bill Seeks Unanimous Juries In Death Cases As Supreme Court To Hear Nine Mile Popeye’s Case

September 23, 2015

Juries would have to be unanimous before recommending the death penalty for defendants in murder cases, under a bill filed Tuesday in the Florida Senate, just weeks before the U.S. Supreme Court is to hear an Escambia County death penalty case that was unanimous.

Under current law, a majority of a jury can recommend that a defendant receive the death penalty, with a judge ultimately deciding whether to impose the sentence. The bill (SB 330), by Sen. Thad Altman, R-Rockledge, for the 2016 legislative session, would establish the higher standard for death sentences. The bill also would give direction to judges on some jury instructions in death-penalty cases. Those instructions deal with what are known as “aggravating circumstances,” which are factors used to support death-penalty recommendations.

The bill, in part, would require aggravating circumstances to be proven beyond a reasonable doubt and be subject to a unanimous vote. The bill — an identical measure (HB 157) has already been filed in the House — would only apply to sentencing proceedings that begin after July 1, 2016. Similar efforts have failed in prior legislative sessions.

However, this year’s proposal comes as the U.S. Supreme Court is scheduled to hear arguments Oct. 13 in a case that challenges the way Florida sentences people to death. The case stems from the 1998 murder of an Escambia County fast-food worker, and attorneys representing Death Row inmate Timothy Lee Hurst contend that Florida’s unique sentencing system is unconstitutional. The attorneys argue, in part, that a 2002 U.S. Supreme Court ruling requires that determination of aggravating circumstances be “entrusted” to juries, not to judges. Also, they take issue with Florida not requiring unanimous jury recommendations in death-penalty cases. A judge sentenced Hurst to death after receiving a 7-5 jury recommendation.

Hurst, now 36, was convicted in the 1998 murder of Cynthia Lee Harrison, who was an assistant manager at a Popeye’s Fried Chicken restaurant where Hurst worked. Harrison’s body was discovered bound in a freezer, and money was missing from a safe, according to a brief in the case.

by The News Service of Florida and NorthEscambia.com

Comments

13 Responses to “Bill Seeks Unanimous Juries In Death Cases As Supreme Court To Hear Nine Mile Popeye’s Case”

  1. David Huie Green on September 25th, 2015 8:40 pm

    REGARDING:
    “All you people need to have to go thru the so call justice system, then you would change your mine”

    Who are you wanting us to murder in cold blood?

    David for better mines

  2. Andrew on September 24th, 2015 9:30 pm

    My brother was best friends with her husband Tim growing up…..That animal needs to be put down. SO sad.

  3. 50 on September 24th, 2015 9:17 pm

    If one new all the details of this case then you would understand that Timothy Lee Hurst is a cold and calculated murder, that committed one of the most atrocious and heinous crimes this county has ever seen. I would be willing to bet that if the victim was Sen. Thad Altman’s wife or daughter he would screaming at the top of his lungs to bring back public hangings. Sen. Altman of Brevard County needs to check his cities motto “Preserving the Past, Planning the Future”, passing bills like this there will be nothing to preserve and certainly nothing to plan. According to this article Sen. Altman only address the aggravating circumstances presented to the jury in the penalty phase of a trail by the State. But there is no mention that the Defense gets to present mitigating circumstances to the jury in defense of their client. Then the Judge instructs the jury on the law and that the verdict in the penalty phase of a trail is only a recommendation to the court on what type of sentence should by imposed. Sen. Altman needs to spend more time thinking about how to make Florida a place where a family would want to live knowing that the laws of this state protect the victims in a crime and not cater to the criminal element and, keeping another person in state prison for the taxpayers to support, a couple of years ago it cost about an average of $30,000.00 a year to house an inmate (that was just house) but it was costing an average of about $10,000.00 a year to keep someone in school. I think some of our legislators need to search their conscious on what type of bill is in the best interest of all the citizens of the State of Florida and not what is a priority of a cold calculated murder.

  4. bill on September 24th, 2015 7:37 pm

    All you people need to have to go thru the so call justice system, then you would change your mine

  5. Mike on September 24th, 2015 3:39 pm

    His guilt has been proven, bury him! :mad:

  6. Mikesford on September 23rd, 2015 8:20 pm

    Its sad liberal democrats will do all they can to keep a murderer from the death penalty but love the unrestricated killing of babies.

  7. Sedition on September 23rd, 2015 7:28 pm

    Bring back Ol’ Sparky and strap him in dry.

  8. billy on September 23rd, 2015 7:24 pm

    Why do people love murderers ? I don’t get it.

  9. molino jim on September 23rd, 2015 6:40 pm

    I have to wonder what the hold out was thinking. There are some people who just need to be put to death. The main problem is the dragging out of the cases from one court to another that goes on for so long the person can die of old age. All of this time we the public are paying for legal bills and on going court time and cost. Try the person and if death is the answer– do it.

  10. John Sanderson on September 23rd, 2015 6:04 pm

    With over 15 years investigating homicides, this was without a doubt the most brutal murder investigation I have ever been part of and this cold blooded killer should have been brutally put to sleep many years ago!! So sad that Cynthia’s family has to keep going thru this!!

  11. Retired on September 23rd, 2015 12:37 pm

    I just do not understand the reluctance for capital punishment.

  12. To close for name on September 23rd, 2015 8:46 am

    To me it doesn’t matter the vote. Just look at what he did to that sweet person. What he did is from the Devil himself. Death for him should be the only answer! He didn’t give a second thought when he did what he did. Why should someone like this even be given a chance to be involved in a proposal or even in a Bill that would affect any other murderers and monsters like him, that only opens the doors for other grusome murders that would get away with it. The pictures and evidence are the only things that could speak for her. Put your place in her shoes on that morning. No chance to fight back or a way out. Just for money. We have already wasted so much of our tax dollars on him.
    He just needs to be gone.
    The pain he has cause still has a big hold on her loved ones. Please stop throwing him in their face. It only tears their hearts apart again and again. Let them live their lives knowing he’s gone.

  13. David Huie Green on September 23rd, 2015 6:35 am

    Some will do anything to keep him alive. The question wouldn’t've arisen if HE had that attitude toward his victim.

Written by William Reynolds · Filed Under News