Judge Rules Death Penalty Fix Unconstitutional
May 10, 2016
A Miami-Dade County judge ruled Monday that a state law allowing the death penalty to be imposed without a unanimous jury decision is unconstitutional, adding to the challenges facing Florida’s capital punishment structure.
In his 18-page opinion, Circuit Judge Milton Hirsch said a recent change to death-penalty sentencing means Florida prosecutors now need the votes of all 12 jurors to impose the death penalty, instead of a majority or supermajority.
“A 21st-century Floridian seeking to argue that the right purported to be protected by (the state Constitution) does not include the requirement of a unanimous verdict must be prepared to rebut the unequivocal expression of the common law, the received wisdom of 19th-century Florida lawyers and judges, a handful of reported Florida opinions, and a century-and-a-half of shared understanding,” Hirsch wrote. “And he must be prepared to do so without any ammunition at all, for he will find no Florida cases, no Florida law-review articles, and no Florida history to support his position.”
Hirsch’s findings in the case of Karon Gaiter, who is charged with one count of first-degree murder, came after the Legislature approved changes to Florida’s death-penalty system during the annual session that ended in March. Those changes were prompted by a U.S. Supreme Court decision that tossed the state’s previous regime for instituting the death penalty.
Under the old system, a majority of jurors could issue a death-penalty recommendation that could be followed or ignored by the judge in the case. But under the new law, at least 10 members of the jury must vote for capital punishment in order for a convicted murderer to be put to death; the judge can instead sentence the defendant to life in prison, but can’t impose the death penalty if the jury hasn’t recommended it.
That, Hirsch wrote, essentially changed the jury’s decision from a “straw poll” to a verdict, which has always been understood to require a unanimous vote.
“Every verdict in every criminal case in Florida requires the concurrence, not of some, not of most, but of all jurors — every single one of them,” he wrote in the ruling, posted online by the Miami Herald.
During the spring legislative session, the state Senate pushed to require a unanimous vote for the death penalty, but the state House balked, and Attorney General Pam Bondi and state prosecutors also opposed the proposal. In a compromise, the two chambers settled on requiring 10 jurors to vote for the death penalty. Hirsch’s ruling is almost certain to be appealed.
Somewhat ironically, it was a different part of the sentencing process that drew the U.S. Supreme Court ruling that struck down Florida’s death penalty process. The high court’s 8-1 decision, in a case known as Hurst v. Florida, found that the state’s system of giving judges — and not juries — the power to impose death sentences is an unconstitutional violation of defendants’ Sixth Amendment right to trial by jury.
The Hurst decision dealt with 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.
At the time that the law passed, some legislators raised the possibility that a non-unanimous jury recommendation could come back to haunt the Legislature. But prosecutors and victims’ advocates said the Supreme Court hasn’t ruled that unanimity is required.
Last week, the Florida Supreme Court heard arguments on whether convicted murderers who were sentenced to death before the Hurst decision are entitled to automatically have their sentences reduced to life in prison without the chance for parole. That case doesn’t revolve around the unanimity issue.
by Brandon Larrabee, The News Service Of Florida
Demolition Of Former Century High School Is Well Underway
May 9, 2016
Work is well underway to demolish the former Century High School on Hecker Road due to tornado damage.
During the EF-3 tornado that struck Century on February 15, the main potion of the old high school was heavily damaged, with windows broken and window frames pushed inward. The football stadium, including the press box, was also structurally damaged.
The main school building was constructed in 1937. Century High School closed 20 years ago after being merged with Ernest Ward High School in Walnut Hill to form the current Northview High School.
NorthEscambia.com photos, click to enlarge.
Voter Outreach And Election Worker Drive This Week In Century
May 9, 2016
The Escambia County Supervisor of Elections Office will hold a voter outreach and election worker recruitment drive Wednesday in Century.
The event will be held from 11 a.m. until 1 p.m. at the Century Town Hall. Florida residents can register to vote or, if already registered, make sure the elections office has their most current information on file.
Florida residents attending the event should bring their Florida driver’s license, Florida ID card or the last four digits of their social security number.
For more information, call (850) 595-3900.
Pen Wheels Disabled Fishing Rodeo Held In Walnut Hill
May 9, 2016
The 42nd annual Pen Wheels Fishing Rodeo was held Saturday in Walnut Hill.
Over the history of the fishing rodeo, it has been held at locations ranging from Ft. Pickens to the Three Mile Bridge in Pensacola. Since 2001, it has been held at Jantz’s Catfish Pond on South Highway 99, just off Highway 97.
Dozens of volunteers stood ready Saturday to help the disabled. They baited hooks, tossed a line and offered words of friendly encouragement, while dozens of disabled people were registered in Saturday’s fishing rodeo. They were from around the area, including Pensacola and Century.
The Pen Wheels Fishing Rodeo is provided to the disabled for free as a project of the Pensacola Fiesta of Five Flags organization.
Pictured: The Pen Wheel Fishing Rodeo for the disabled Saturday in Walnut Hill. NorthEscambia.com exclusive photos, click to enlarge.
Attorney Outspoken Against DUI Is Arrested For DUI (Updated Details)
May 9, 2016
An attorney known for his outspoken television commercials, sometimes with a staunch stand against drunk driving, has been arrested for DUI.
David J. Maloney, 49, was booked into the Escambia County Jail about 3:35 a.m. Sunday for DUI. Maloney was pulled over speeding in a 35 mph zone in a black Lamborghini on Via de Luna Drive on Pensacola Beach about 2 a.m. by an Escambia County deputy. The deputy developed enough probable cause to arrest Maloney for driving under the influence, according to a spokesman for the Sheriff’s Office.
According to an arrest report, Maloney was traveling 55 mph in a 35 mph zone. When an Escambia County deputy performed a traffic stop, Maloney reportedly said, “I’m sorry, I know way better than that.” He told the deputy that he was coming from helping out at an Ice Flyers celebration. When asked how much had had to drink, he replied, “Nothing, absolutely nothing.”. When the deputy asked why he could smell alcohol coming from his breath, Maloney replied, “You can’t”.
The deputy reported that Money had bloodshot and watery eyes and a strong order of alcohol coming from his person. When asked to submit to field sobriety test, Maloney told the deputy that he had to get home in order to relieve a babysitter, the report states.
When asked again to submit to a field sobriety test, Maloney said, “That’s physically impossible, I respect you, I know way better than that, I know you patrol it heavily, I don’t drive this much and I need to get home to relieve my sitter,” the arrest report states.
After refusing an additional request to take field sobriety test, Maloney was placed under arrest and his father was called to take possession of the vehicle. Maloney did not want his wife, who was the passenger, to drive the Lamborghini because she was impaired.
Maloney refused an Intoxilyzer test because it was against “his convictions”, the Escambia County Sheriff’s Office report states.
Maloney was released from the Escambia County Jail about a $500 bond about six hours after his arrest. He is due in court June 1.
“If you drink and you drive and you hurt someone, don’t call me. I’m not gonna represent you, I’m not gonna help you. If anything, I’m gonna be the lawyer going after you,” Maloney says in one advertisement.
Fire Damages Cottage Hill Home
May 9, 2016
Fire damaged a home in Cottage Hill Sunday evening.
Neighbors reported smoke coming from the attic of the home in the 1300 block of McKenzie Road about 7:45 p.m. Firefighters were able to quickly bring the fire under control, with most of the damage contained to the home’s kitchen and the attic above the kitchen.
There were no injuries reported.
NorthEscambia.com photos by Kristi Barbour, click to enlarge.
Panhandle Equine Rescue Presents Library Program On Horses
May 9, 2016
Area residents interested in getting their own horse, or just curious about horses, attended a special program with Panhandle Equine Rescue Saturday at the Molino Branch Library. PER President Diane Lowery and the group’s mascot, “Lightning Bug”, provided information on basic horse are and sheltering. NorthEscambia.com photos, click to enlarge.
Wahoos Gain Ground On First Place Biloxi
May 9, 2016
Kyle Parker found himself without a team when the Colorado Rockies released him on April 2. They didn’t want their first pick in the 2010 draft anymore.
But the Cincinnati Reds signed him April 25 and sent him to its Double-A affiliate the Pensacola Blue Wahoos.
In his second start, Parker hit two two-out singles to drive in a run each time and help his new team beat Biloxi, 5-0, in front of 4,414 Sunday at Blue Wahoos Stadium.
Parker, a first round draft pick in 2010 who has 64 games of big league experience in the last two years, said he was taken off guard by getting released.
“It caught me by surprise,” said Parker, who played quarterback for Clemson. “I knew somebody would give me a chance. I still have confidence in my abilities.”
Parker. playing right field. got his first hit, first RBI, first extra-base hit and first run scored on Sunday. He went 3-4 against Biloxi, after starting off the season 0-4.
Manager Pat Kelly likes Parker’s flexibility to play in the outfield and at first base. He knew of Parker because his son played with him in football camps.
“What a great addition,” Kelly said of Parker. “He’s a great athlete. He gives us another right-handed hitter in the middle of the line up, so we don’t have to bat (Phillip) Ervin fourth, we can move him up.”
The Blue Wahoos gained three games on Biloxi by winning the five game series, 4-1. The two teams that are vying for first place in the Southern League South are now 5-5 against each other this season. Pensacola is 18-12, while Biloxi is 18-11.
“It’s May we’re not competing in a pennant race yet,” Kelly said. “We’re going out to win every series. We wanted to gain ground on them and we’ve done that.”
Pensacola also got another good outing from southpaw prospect Amir Garrett, who pitched his third scoreless game in six starts. Garrett didn’t have his best stuff but worked six scoreless innings, giving up four hits, five walks and striking out six. The 6-foot-5 lefty is now 3-2 with a 1.26 earned-run average.
He also got help from the Pensacola relievers Matt Magill and Alejandro Chacin, who blanked Biloxi over the final three innings to help the Blue Wahoos record its third shutout of the season. Chacin earned his team-leading fifth save and has yet to allow a run in 11 appearances and 13 innings pitched.
The Pensacola pitching staff leads the Southern League with a 2.69 ERA, which is more than a half run better than the Mississippi Braves at 3.21.
Parker drove in his first two-out run when he hit a soft blooper to right field on a hit-and-run play that scored Pensacola left fielder Phillip Ervin in the first inning for a 1-0 Pensacola lead. Parker got his second two-out RBI when he hit a hard liner to left field that scored Blue Wahoos center fielder Beau Amaral that put Pensacola up, 4-0.
In the third inning, Pensacola second baseman Brandon Dixon clobbered a two-out, two-run homer to left that made it into the Pensacola Bay. His blast brought home Ervin and gave the Blue Wahoos a, 3-0 lead.
It was the Blue Wahoos sixth homer in its last eight games. Pensacola has smashed 13 homers since April 21.
Ervin, who scored two runs Sunday and singled in four at bats is now second in the Southern League in runs scored with 22, which is two behind the leader. Ervin has crossed the plate 13 times in his last 10 games.
Elderly Man Injured During Armed Home Invasion
May 8, 2016
An elderly man is recovering after being injured during an armed home invasion Saturday night off Kingsfield Road.
Three black males forced their way into a home in the area of Pelican Point Drive and Condor Drive just before 10 p.m. and pistol-whipped the elderly male resident, according to a spokesperson for the Escambia County Sheriff’s Office. The male was transported to an area hospital for injuries that were not considered life threatening.
The three black males stole the man’s Cadillac and fled the area.
“A party inside the residence possibly knew the suspects,” Sgt. Andrew Hobbs, spokesperson for the Sheriff’s Office , said. “We do not believe that this was a random act.”
Neighbors said they heard possible gunshots as the incident unfolded, but there was no confirmation from the Sheriff’s Office that a gun was fired.
Further details were not available Saturday night as the Escambia County Sheriff’s Office continued their investigation. Anyone with information on the incident is asked to call the Sheriff’s Office at (850) 436-9620 or Crime Stoppers at (850) 433-STOP.
NorthEsambia.com photos by Kristi Barbour, click to enlarge.
Man Reportedly Flips Truck, Breaks Into House For A Nap
May 8, 2016
A man that flipped his pickup truck into a yard Saturday morning in Walnut Hill was reportedly found hours later sleeping inside a home.
The man was southbound on Rockaway Creek Road when he lost control of his pickup truck, ran off the roadway, struck a ditch, destroyed a telephone company pedestal, and rolled through a fence. Hours later, after daylight, the accident was called in to authorities, prompting a response from Atmore Ambulance and the Walnut Hill Station of Escambia Fire Rescue.
After the accident, which happened sometime early Saturday morning, the man allegedly broke a window, entered the home where he wrecked and fell asleep on a couch where he was later discovered by the resident. The man and the victim reportedly knew one another, but the victim stated he had no permission to be in the home.
The driver refused medical treatment and was taken into custody by the Escambia County Sheriff’s Office. It was not known what charges, if any, he faces.
Further details, including the man’s name, have not been released by the Sheriff’s Office or the Florida Highway Patrol.
NorthEscambia.com photos, click to enlarge.
