Defense Lawyers Question Death Penalty Jury Instructions
June 3, 2016
Defense lawyers are attacking a new law aimed at fixing Florida’s death penalty sentencing structure, which was struck down by the U.S. Supreme Court earlier this year because it gave too much power to judges instead of juries.
But the angst over the new law, crafted by the Legislature and signed by Gov. Rick Scott in March, isn’t limited to defense lawyers — the Florida Supreme Court is questioning whether the law violates the state’s constitutional guarantee to trial by jury.
Also, a Miami judge ruled last week that the law, which requires a 10-2 jury recommendation for the death penalty to be imposed, is unconstitutional.
Defense lawyers, meanwhile, are now objecting to proposed jury instructions related to the new law.
The proposed jury instructions, crafted by the Florida Supreme Court Committee on Standard Jury Instructions in Criminal Cases, lay out what judges must tell juries in capital death cases. The committee will consider changes at its next meeting in June, before sending the proposed rule to the Supreme Court, which could adopt the proposal or revise it.
Lawmakers hurriedly crafted the new death-penalty sentencing law in response to a U.S. Supreme Court ruling in January that Florida’s system of allowing judges — and not juries — to decide whether defendants should face death is an unconstitutional violation of the Sixth Amendment right to a trial by jury.
The 8-1 decision, in a case known as Hurst v. Florida, dealt with the sentencing phase of death-penalty cases after defendants are found guilty, and it focused on what are known as aggravating circumstances that must be determined before defendants can be sentenced to death. A 2002 U.S. Supreme Court ruling, in a case known as Ring v. Arizona, requires that determinations of such aggravating circumstances must be made by juries, not judges.
Under Florida’s new law, juries will have to unanimously determine “the existence of at least one aggravating factor” before defendants can be eligible for death sentences. The law also requires at least 10 jurors to recommend the death penalty in order for the sentence to be imposed, and it did away with a feature of the old law that had allowed judges to override juries’ recommendations of life in prison instead of death.
Creating jury instructions for the new law “is especially difficult in this instance because there remains great uncertainty as to the constitutionality of the statutory law underlying the proposed instructions,” Capital Collateral Regional Counsel-South Neal Dupree, whose office represents defendants who have been sentenced to death, wrote in comments submitted to the committee.
Under the proposal, juries would be told that “different factors or circumstances may be given different weight or values by different jurors.” That instruction would not comply with a U.S. Supreme Court decision, in a case known as Caldwell v. Mississippi, making it unconstitutional to instruct a jury in a way that will cause the jury to “minimize the importance of its role,” Dupree wrote.
“A juror may unconstitutionally place responsibility for a defendant’s punishment elsewhere — on the other jurors — if they have the impression that their own sentencing calculus is so unimportant that no other juror need agree with or even know of it. Further, this instruction leads jurors to believe that the critical fact findings necessary to impose death are not critical enough to require agreement or unanimity of any kind,” he wrote.
The instructions regarding “mitigating circumstances” for juries to consider when determining whether they outweigh aggravating factors also needs to be changed, according to Dupree and the Florida Public Defender Association, which filed comments.
The proposed instructions seem to focus more on aggravating factors than mitigating circumstances and seem to “dismiss the significance of mitigation and the substantial role it plays in a jury’s deliberation,” Dupree wrote.
The proposal also includes language not included in the new law, or established by case law, regarding mitigation and mitigation burden of proof, the association wrote.
“We wanted the jury to be clear that there is a distinction between mitigating circumstances, which do not require unanimity and do not require a finding beyond a reasonable doubt, and the aggravating factors, which are required to be found unanimously and beyond a reasonable doubt,” Pete Mills, an assistant public defender in the 10th Judicial Circuit who is chairman of the association’s death penalty steering committee, said in a telephone interview.
The proposal to instruct a jury that its finding of one aggravator renders a defendant eligible for the death penalty is also problematic, Dupree wrote. The finding of an aggravator is followed by “crucial fact findings as to sufficiency and weighings,” he wrote.
The proposed instructions provide that, once a defendant is determined to be death-eligible, “you must still make a decision regarding whether the appropriate sentence to be imposed is life imprisonment without the possibility of parole or death.”
“But instructing jurors that the finding of at least one aggravator creates death-eligibility and must be unanimous, while the sufficiency and weighing questions are merely to be ‘weighed’ somehow and can be reached based on various contradictory assessments of the evidence and factors by different jurors, sends a strong message to the jury that the finding of one aggravator is the critical, important point in the process, and what comes next is less crucial or mere formality,” Dupree wrote.
Getting the rule right is critical to ensure that justice is meted out fairly, Mills said.
The Supreme Court, which put on hold indefinitely two executions after the Hurst decision, is also grappling with whether judges should use the new law to resentence Death Row inmates, whose lawyers argue that the sentences should be reduced to life in prison without parole because the prisoners were condemned under an unconstitutional system.
Also, the court recently raised questions about the new law’s lack of unanimity in jury recommendations.
by Dara Kam, The News Service of Florida
Dixon Smacks Fifth Homer In Four Games
June 3, 2016
Pensacola Blue Wahoos second baseman Brandon Dixon hit his fifth home run in four games Thursday at Hank Aaron Stadium and drove in his 13th and 14th runs during his hot-hitting streak.
Dixon got all of the pitch to launch a solo shot over the left field fence in the sixth inning as Pensacola won, 4-1, over the Mobile BayBears. The Blue Wahoos now lead the series, 2-1.
Playing left field to keep his hot bat in the lineup, Dixon also singled in the eighth inning to drive in center fielder Phillip Ervin with his second RBI of the game Thursday.
Dixon now has eight homers on the year, which is third in the Southern League. He has driven in 33 runs, good for fourth in the Southern League. And after a 2-3 game Thursday with a walk, the 24-year-old is hitting .312, which ranks seventh in the league.
Dixon, who has hit in seven of his last eight games, is now 11-16 (.688) in his last four games. He hit two homers in back-to-back games May 29 against the Birmingham Barons and May 31 against Mobile.
Pensacola starter Rookie Davis, who missed three starts, took the mound for the first time since May 11. He rejoined the best pitching staff in the Southern League with a 3.11 ERA.
Davis worked four innings, giving up one run on three hits and two walks, while striking out two. His only run was a solo blast by Mobile’s Gabriel Guerrero in the fourth inning, which was his second in three games against Pensacola.
Pensacola relievers Barrett Astin, Nick Routt and Alejandro Chacin combined for five innings pitched, two hits, one walk and four strikeouts. Chacin is tied for first in the Southern League with 10 saves in 11 chances this season. Astin got the victory and is 5-1 with a 2.75 ERA.
Pensacola’s improved to 32-21 in the Southern League South Division and remain in first. The BayBears dropped to 23-30.
The Blue Wahoos scored first in the second inning when third baseman Eric Jagielo launched his third homer of the season. He was 2-4 in the game.
After Guerrero tied it with one swing, Pensacola went back on top, 2-1, in the fifth inning when Blue Wahoos catch Joe Hudson doubled to center and scored on Mobile starter Yoan Lopez’s throwing error.
Also leading the Blue Wahoos, who had 11 hits total, was Ervin, who was 2-4 and scored a run. Meanwhile, Hudson also earned two hits, going 2-4 with a double and run scored.
Rain Chance Increasing Through The Weekend
June 3, 2016
Here is your official North Escambia area forecast:
Friday: A 30 percent chance of showers and thunderstorms after 1pm. Partly sunny, with a high near 91. Calm wind becoming south around 5 mph in the morning.
Friday Night: A 20 percent chance of showers and thunderstorms. Mostly cloudy, with a low around 71. South wind around 5 mph becoming calm after midnight.
Saturday: A 50 percent chance of showers and thunderstorms. Mostly cloudy, with a high near 87. South wind 5 to 10 mph.
Saturday Night: A 40 percent chance of showers and thunderstorms. Mostly cloudy, with a low around 71. South wind around 5 mph.
Sunday: Showers and thunderstorms likely. Cloudy, with a high near 84. Southwest wind around 5 mph. Chance of precipitation is 70%.
Sunday Night: A 30 percent chance of showers and thunderstorms. Mostly cloudy, with a low around 70. Southwest wind around 5 mph becoming calm in the evening.
Monday: A 30 percent chance of showers and thunderstorms. Mostly cloudy, with a high near 88. North wind around 5 mph becoming east in the afternoon.
Monday Night: Partly cloudy, with a low around 69. Southeast wind around 5 mph becoming calm in the evening.
Tuesday: Sunny, with a high near 90.
Tuesday Night: Mostly clear, with a low around 68.
Wednesday: Sunny, with a high near 91.
Wednesday Night: Mostly clear, with a low around 69.
Thursday: Sunny, with a high near 92.
Smyrna, TN, Holds Vigil For Blue Angels Pilot
June 2, 2016
Hundreds of residents of Smyrna, TN, gathered at a ballpark near their airport Thursday night in a candlelight prayer vigil to show their sympathy to the United States Blue Angels. They were also honoring an American hero — pilot Jeff Kuss, who they are crediting with giving his own life to save the lives of civilians near the crash site.
During the vigil, the residents observed six minutes of silence followed by the singing of “God Bless America”.
NorthEscambia.com photos, click to enlarge.
Pilot Dies As Blue Angel Plane Crashes In Tennessee
June 2, 2016
A Blue Angels F/A18 aircraft crashed Thursday during the beginning stages of an afternoon practice at the Smyrna (TN) Airport, at approximately 3:01 p.m. Blue Angels pilot Capt. Jeff Kuss of the U.S. Marine Corp died in the crash.
The other five Blue Angel jets were not involved in the incident and landed safely moments later.
The crash occurred approximately two miles from the runway. The Navy will conduct an investigation into the cause of the crash.
Kuss, a native of Durango, Colorado, graduated from Durango High School in 2002. He attended Fort Lewis College in Durango and graduated with a bachelor’s degree in economics in 2006.
He was commissioned a second lieutenant in the U.S. Marine Corps in 2006 and reported to The Basic School at Marine Corps Base Quantico, Virginia, to complete training. Jeff reported to Naval Air Station Pensacola, Florida, for aviation indoctrination in July 2007.
He completed primary flight training in the T-34C Turbo Mentor at NAS Corpus Christi, Texas, and completed advanced training in the T-45A Goshawk at NAS Kingsville, Texas. He received his wings of gold in November 2009.
Kuss then reported to Strike Fighter Squadron 125 (VFA-125), the “Rough Raiders,” at NAS Lemoore, California, for initial training in the F/A-18 Hornet. He reported to Marine Fighter Attack Squadron 312 (VMFA-312), the “Checkerboards,” at Marine Corps Air Station Beaufort, South Carolina, in February 2011, where he served as Squadron Mess Officer, Naval Air Training and Operation Procedures Standardization Officer (NATOPS), Powerline Division Officer, and Pilot Training Officer.
He reported to U.S. Navy Fighter Weapons School (TOPGUN), NAS Fallon, Nevada, in July 2012 and graduated in September 2012
While assigned to VMFA-312, Kuss deployed with Carrier Air Wing THREE (CVW-3) aboard USS Harry S. Truman (CVN-75) in support of Operation Enduring Freedom. VMFA-312 earned the 2013 Robert M. Hanson Award as the Marine Corps Association’s Fighter Attack Squadron of the Year.
Kuss joined the Blue Angels in September 2014. He has accumulated more than 1,400 flight hours and 175 carrier-arrested landings. His decorations include the Strike Flight Air Medal, the Navy and Marine Corps Achievement Medal, and various personal and unit awards.
Photo courtesy Halie Shults.
Job Fair Friday At Santa Rosa Correctional Institution
June 2, 2016
The Florida Department of Corrections will be hosting a recruitment event at Santa Rosa Correctional Institution on Friday.
The Florida Department of Corrections is seeking qualified individuals to join our agency. If possible, please bring the following: driver’s license, legible copy of birth certificate, social security card, high school diploma, GED or college transcripts and any name change documents (if applicable), such as a marriage certificate. Veterans and current reservists/Guardsmen should bring a copy of their DD-214 or military ID, respectively. In addition, applicants will also have the opportunity to take the Criminal Justice Battery Aptitude Test (CJBAT). Applicants who wish to take the CJBAT will need to bring a money order in the amount of $12 made payable to the Florida Department of Corrections.
The even is Friday, June 3 at 9 a.m.; qualified individuals should arrive no later than 8:30 a.m. at the Santa Rosa Correctional Institution – Training Building at 5850 East Milton Road in Milton.
For more information, contact Santa Rosa Correctional Institution Recruiter Christy Padgett at (850) 983-5909.
Century Woman Charged With Hitting Boyfriend With Fan
June 2, 2016
A Century woman who allegedly wasn’t a fan of her boyfriend’s tardiness was jailed for hitting him with a fan.
Loretta Diane Campbell, 33, was charged with felony aggravated battery.
The Escambia County Sheriff’s Office responded to a disturbance on Archie Street in Century. The male victim told deputies that he came home from being at the hospital with family members, and Campbell got mad because he was late. She then allegedly threw his clothes out the door, left in a vehicle and came back a short time later to unplug a fan from the wall and swing it by the cord, striking Campbell in the head.
The victim was treated by Escambia County EMS for a laceration above his left ear.
Mostly Sunny Today
June 2, 2016
Here is your official North Escambia area forecast:
Thursday: Mostly sunny, with a high near 90. Calm wind becoming south around 5 mph in the afternoon.
Thursday Night: Partly cloudy, with a low around 69. South wind around 5 mph becoming calm in the evening.
Friday: A 20 percent chance of showers and thunderstorms after 1pm. Mostly sunny, with a high near 91. Calm wind becoming south around 5 mph in the morning.
Friday Night: A 20 percent chance of showers and thunderstorms after 1am. Mostly cloudy, with a low around 70. South wind around 5 mph becoming calm in the evening.
Saturday: A 40 percent chance of showers and thunderstorms. Partly sunny, with a high near 86. Calm wind becoming south around 5 mph in the morning.
Saturday Night: A 30 percent chance of showers and thunderstorms. Mostly cloudy, with a low around 71. South wind around 5 mph.
Sunday: Showers and thunderstorms likely. Cloudy, with a high near 85. Southwest wind around 5 mph. Chance of precipitation is 60%.
Sunday Night: A 30 percent chance of showers and thunderstorms. Mostly cloudy, with a low around 70. Southwest wind around 5 mph.
Monday: A 40 percent chance of showers and thunderstorms. Partly sunny, with a high near 87.
Monday Night: A 10 percent chance of showers and thunderstorms. Partly cloudy, with a low around 70.
Tuesday: Mostly sunny, with a high near 91.
Tuesday Night: Mostly clear, with a low around 69.
Wednesday: Sunny, with a high near 91.
ECAT Offers Free Summer Rides For Youth
June 2, 2016
Escambia County Area Transit (ECAT) is now offering a free Summer Wheels Pass to area youth 18 years and under. The annual initiative, which started in 2013, historically cost $25 and was offered to students 17 and under. The decision to update the pass was sparked by the Escambia County Commission in order to give the riders increased accessibility to the system.
The Summer Wheels Pass is valid from Memorial Day through Labor Day, and pass holders can enjoy unlimited rides to any destination ECAT offers. This expanded eligibility will provide area youth with access to transportation and increased independence during the summer months. The ECAT team has worked closely with local community centers and summer camps to ensure that the pass is readily available to attendees of the programs.
The updated pass also opens the door for a new generation of ECAT riders who will find cutting-edge technological advancements while traveling to their summer destinations. Recent tech upgrades such as onboard Wi-Fi and a real-time bus locator app allow riders to streamline their commute and to stay connected while on-the-go.
The pass enhancements launch in conjunction with ECAT’s Seasonal Beach Trolley, which offers free service to the public from Memorial Day through Labor Day. Provided by The Santa Rosa Island Authority (SRIA), the free trolley services allow riders to travel to 35 stops along the beach.
Summer Wheels Passes are available at ECAT’s main office, located at 1515 West Fairfield Drive. Applicants must present photo ID
Northview’s Moretz Named Escambia Social Studies Teacher Of The Year
June 2, 2016
James Moretz of Northview High School has been named the Escambia County School District High School Social Studies Teacher of the Year. He will officially receive the award Thursday, and he has been invited to attend the Florida Council for Social Studies Conference in October.
Moretz earned a bachelor of arts degree in criminal justice from the University of West Florida and two associate degrees from Pensacola State College. He holds a professional educator’s certificate in social science for grades 6-12. He previously worked with the Escambia County School District as a school resource officer.
Moretz retired from the U.S. Navy as a limited duty officer lieutenant commander in 2004.