U.S. Supreme Court Weighs Death Penalty Law In Nine Mile Road Killing

October 14, 2015

U.S. Supreme Court justices Tuesday spent an hour questioning attorneys in a case that could force key changes in the way Florida carries out the death penalty.

The appeal was brought on behalf of death row inmate Timothy Lee Hurst, who was convicted in the 1998 murder of a fast food worker in Escambia County and contends that Florida’s unique sentencing system is unconstitutional.

In part, Florida’s system does not require unanimous jury recommendations before judges can sentence defendants to death. Also, the case focuses on the interplay between juries and judges on “aggravating” circumstances, which must be found before death sentences can be imposed.

Seth Waxman, a former U.S. solicitor general representing Hurst, argued Tuesday that Florida’s sentencing system is unconstitutional under a 2002 U.S. Supreme Court ruling known as Ring v. Arizona, according to a transcript of the hearing. But state Solicitor General Allen Winsor disputed that argument, saying “Florida’s capital sentencing system was constitutional before Ring v. Arizona and it remains constitutional in light of Ring v. Arizona.”

It likely will take months for the U.S. Supreme Court to rule, but the case could have far-reaching effects if justices find the system unconstitutional.

Rep. Jose Javier Rodriguez, D-Miami, and Sen. Thad Altman, R-Rockledge, filed bills last month that would require unanimous jury recommendations before death sentences are imposed and would make changes in state law about the issue of aggravating circumstances. The bills (HB 157 and SB 330) will be considered during the 2016 legislative session, which starts in January. Rodriguez and Altman also filed bills for the 2015 session, but the measures did not make it to the House and Senate floors.

Hurst, now 36, was convicted of the 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.

Comments

2 Responses to “U.S. Supreme Court Weighs Death Penalty Law In Nine Mile Road Killing”

  1. Daniel on October 14th, 2015 8:52 am

    What has this individual ever done to contribute to the betterment of society? Nothing!! How much has he cost the tax payers of this state? Probably more than the average wage earner will make in a life time!! The sad part is he is not alone. The prisons are full of his kind. But what is even worse, there are more like him living free at the expense of others. Those other just happen to be those of us who get up everyday and go to, I am going to type this slow so it wont offend anyone, W O R K. Now add to that the leaches, attorneys, that take on cases like this and milk the system, rob the tax payers, for everything they can get out of it. They are not arguing whether or not he is guilty. They are wasting taxpayers dollars trying to read into the Bill of Rights something that isn’t there. So we , hard working tax payers, are supporting the scumbags in prisons and the leaches that defend them.

  2. DP on October 14th, 2015 7:25 am

    HIS VICTIM WAS NOT JUST A FAST FOOD WORKER. SHE WAS KNOWN BY MANY FROM WINN DIXIE AND SHE WAS THE SWEETEST PERSON AND SO KIND. SHE DID NOT DESERVE WHAT ALL HE DID TO HER. I HOPE HE GETS ALL THAT IS COMING TO HIM. SHAME ON YOU ATTORNEYS FOR TRYING TO SAVE HIM!!!!

Written by William Reynolds · Filed Under News