Scott Quickly Signs New Death Penalty Sentencing Bill
March 14, 2017
After more than a year of uncertainty, Florida is again poised to begin executions and prosecute death penalty cases after Gov. Rick Scott signed a law Monday aimed at fixing flaws in the state’s capital sentencing procedure.
“Governor Scott’s foremost concern is always for the victims and their loved ones. He hopes this legislation will allow families of these horrific crimes to get the closure they deserve,” Scott spokeswoman Jackie Schutz said in a statement early Monday evening.
The new law — the second death penalty “fix” in a year — came in response to a series of court rulings, set off by a U.S. Supreme Court decision in January 2016 in a case known as Hurst v. Florida.
The 8-1 opinion, premised on a 2002 ruling in a case known as Ring v. Arizona, found that Florida’s system of allowing judges, instead of juries, to find the facts necessary to impose the death penalty was an unconstitutional violation of the Sixth Amendment right to trial by jury.
The Legislature last year hurriedly passed a law to address the federal court ruling, but the Florida Supreme Court struck down the new statute. Florida justices said the law was unconstitutional because it only required 10 of 12 jurors to recommend death, instead of unanimous jury decisions.
The state and federal court rulings — and others related to it — created confusion regarding Florida’s death penalty, with circuit judges split on whether they could move forward with capital cases until the Legislature addressed the issue of unanimity.
Although the Florida court recently decided capital cases could proceed even in the absence of a statutory fix, legislators nevertheless rushed to address the issue, making it the first bill passed by both chambers and sent to the governor by the end of the first week of the 2017 legislative session.
The Florida Senate unanimously approved the proposal (SB 280) Thursday, and the House approved the measure by a 112-3 vote the following day.
Under the law, juries will have to unanimously recommend death for the sentence to be imposed on defendants convicted of capital crimes.
With nearly 400 inmates on Death Row, Florida has more prisoners facing execution than almost any other state.
As of last year, Florida was one of only three states — along with Alabama and Delaware, which has since blocked the death penalty — that did not require unanimous jury recommendations for death sentences to be imposed.
At the time, Florida required only a simple majority of jurors to recommend death. But the U.S. Supreme Court decision in Hurst, which did not address the unanimity issue, forced Florida lawmakers to reconsider the state’s entire capital sentencing system.
The “fix” authorized by lawmakers last year, and signed by Scott, required, among other things, at least 10 jurors to recommend death. But a majority of the Florida Supreme Court decided that the state’s constitutional right to trial by jury required unanimous jury recommendations, as in every other jury verdict, for death to be imposed.
Lawmakers backing this year’s effort maintained that, even if they disagreed with the court-ordered unanimity requirement, they were willing to back the change to put the state’s death penalty system back on track.
“It was important to me that, in the very first week of session, that we address this issue so we have a constitutional statute — as juries are being selected and as families of victims are in court in very stressful circumstances and in very difficult circumstances, we want a law that is orderly and structured and constitutional,” Senate President Joe Negron, R-Stuart, said Thursday, after his chamber’s vote.
But public defenders and criminal defense lawyers contend that the state law remains flawed.
Requiring unanimous jury recommendations is “only one step in a long journey,” 10th Judicial Circuit Assistant Public Defender Pete Mills told The News Service of Florida on Friday.
“Florida’s death penalty still has problems of constitutional magnitude, including but not limited to the failure to limit the scope of its application, racial disparities, geographic disparities, and execution of the mentally ill,” Mills, chairman of the Florida Public Defenders Association Death Penalty Steering Committee, said after the House overwhelmingly approved the measure.
by Dara Kam, The News Service of Florida
No Serious Injuries In Highway 95A Wreck
March 14, 2017
There were no serious injuries in a two vehicle crash on Highway 95 just south of East Kingsfield Road early Monday evening. The white vehicle (above) was moved into the Whataburger parking lot following the wreck. NorthEscambia.com photos by Kristi Barbour, click to enlarge.
Aggie Classic Gets Underway (Scores, Schedule)
March 14, 2017
Here are Monday’s scores and Tuesday’s schedule in the 24th annual Aggie Classic. Many of Monday’s games were rained out and rescheduled for later in the week, including Tate’s game against Durant, OK, which was moved to 10 a.m. Wednesday.
Monday scores:
Presbyterian Christian, MS vs. Washington, OK 12 – 7
Milton, FL vs. Southmoore, OK 5 – 3
Ft. Gibson, OK vs. Niceville, FL 1 – 7
Houston, TN vs. Jenks, OK 7 – 5
Edmond North, OK vs. Bartlett, TN 13 – 0
Mustang, OK vs. Knoxville Catholic, TN 13 – 3
Mustang, OK vs Washington, FL 10 – 2
Tuesday Schedule:
At Escambia High: Mustang, Oklahoma vs. Houston, Tennessee at 4 p.m.; Gibson, Oklahoma vs. Knoxville Catholic, Tennessee at 7 p.m.
At Gulf Breeze High: Pryor, Oklahoma vs. Leon at 1 p.m.; Leon vs. Durant, Oklahoma at 4 p.m.; Piedmont, Oklahoma vs. Gulf Breeze at 7 p.m.
At Milton High: Milton vs. Edmond North, Oklahoma at 4 p.m.; Bartlett, Tennessee vs. Pryor, Oklahoma 7 p.m.
At Pace High: Choctaw, Oklahoma vs. Magnolia Heights, Mississippi at 1 p.m.; Magnolia Heights vs. Southmoore, Oklahoma at 4 p.m.; Jenks, Oklahoma vs. Pace at 7 p.m.
At Tate High: Second Baptist, Texas vs. Union, Oklahoma at 1 p.m.; Second Baptist vs. Coweta, Oklahoma at 4 p.m.; Tate vs. Coweta, Oklahoma at 7 p.m.
At Washington High: Niceville vs. Washington, Oklahoma at 4 p.m.; Choctaw, Oklahoma vs. Pensacola Washington at 7 p.m.
At West Florida: West Florida vs. Piedmont, Oklahoma at 1 p.m.; Presbyterian Christian, Mississippi vs. Union, Oklahoma at 4:30 p .m.; Berryhill, Oklahoma vs. West Florida at 7 p.m.
Northview, Pine Forest Baseball Game Reschedule For Thursday
March 14, 2017
Northview High School’s home game against Pine Forest High School that was rained out on February 27 has been rescheduled for Thursday, March 16.
Missing Teen Found
March 13, 2017
UPDATE…This missing teen has been located.
The Escambia County Sheriff’s Office is asking for the public’s help in locating a missing teen that may be in need of medical treatment.
Linda Faye Bruster, 14, was reported missing about 12:30 a.m. Monday from her home located in the 1500 block of Kyle Drive. She is 5′7″, 160 pounds, and was wearing a shoulder length purple wig, with a brown purse.
Anyone with information on her whereabouts is asked to call Crime Stoppers at (850) 433-STOP or the ECSO at (850) 436-9620.
Fire Heavily Damages Molino Mobile Home
March 13, 2017
The cause of a fire that heavily damaged a mobile home in Molino Sunday night is under investigation.
The fire was reported about 10:30 p.m. on Duxbury Avenue, just off Highway 29. The fire was reportedly through the roof of the mobile home when the first firefighters arrived on scene.
There was no immediate word on the cause of the fire.
There were no injuries reported.
NorthEscambia.com photos by Kristi Barbour, click to enlarge.
FDOT: Weekly Traffic Alerts
March 13, 2017
Drivers will encounter traffic variations on the following state roads in Escambia and Santa Rosa counties as crews perform construction and maintenance activities.
Escambia County:
· Gregory Street (U.S. 98), Bayfront Parkway (State Road (S.R.) 196) and Ninth Avenue (S.R. 289) Temporary Closure St. Patrick’s Day Run- Temporary closure of Gregory Street between Jefferson and Gregory streets, Bayfront Parkway between 9th Avenue and 14 Avenue and Ninth Avenue between Gregory Street and Wright Street from 7 a.m. to 11 a.m. Saturday, March 11 for St. Patrick’s Day run. Traffic will be detoured and local law enforcement on site to assist with traffic control.
· Bayfront Parkway (State Road (S.R. 196) 2017 Maritime DeLuna Duathlon- Temporary closure from Tarragona Street to Salamanca Street from 4 a.m. to midnight Sunday, March 12 for festivities. Traffic will be detoured and local law enforcement on site to assist with traffic control.
· S.R. 4 Resurfacing from U.S. 29 to the Escambia River Bridge- Intermittent and alternating lane closures from the west end of the Escambia River Bridge on S.R. 4 to a point just east of the railroad tracks before U.S. 29.
· Interstate 10 (I-10) Widening from Davis Highway to the Escambia Bay Bridge – Scenic Highway (U.S. 90) southbound traffic, south of the I-10 interchange, will encounter temporary and intermittent lane shifts the week of Monday, March 13 as crews install drainage structures. One lane will remain open in each direction at all times. Once the work is complete, traffic will be shifted back into alignment.
· I-10, I-110 and U.S. 98 Routine Maintenance- Crews will perform sign maintenance at the following locations. Motorists can expect lane restrictions from 8 p.m. to 5 a.m. from Monday, March 13 through Thursday, March 16.
o I-10 between the Escambia Bay Bridge and U.S. 29
o U.S. 98 between N. Pace Boulevard and Fairfield Drive
o I-110 between Burgess Road and U.S. 98
· U.S. 29 (S.R. 95) Widening from I-10 to Nine Mile Road- Alternating lane closures continue from 8 p.m. to 6 a.m. on U.S. 29 between I-10 and 9 1/2 Mile Road and on Nine Mile Road near the U.S. 29/ Nine Mile Road overpass as crews perform drainage and bridge operations.
· Nine Mile Road (S.R. 10/U.S. 90A) Widening from Pine Forest Road (S.R. 297) to U.S. 29-The detour on Nine Mile Road between Stefani and Waring roads was removed and the traffic pattern returned to its original configuration Thursday, March 9. Alternating lane closures continue on Untreiner Avenue as crews perform jack and bore operations.
Santa Rosa County:
· I-10 Widening from Escambia Bay Bridge to Avalon Boulevard (S.R. 281/Exit 22) – Alternating lane closures on I-10 east and westbound near Avalon Boulevard from 8 p.m. to 6 a.m. the week of Monday, March 13 as crews remove barrier wall.
Drivers are reminded to use caution, especially at night, when traveling through the construction
zone, and to pay attention for workers and equipment entering and exiting the work area. All activities are weather dependent and may be delayed or rescheduled in the event of inclement weather.
Fire Destroys Byrneville Pool, Deck
March 13, 2017
Fire destroyed a pool and deck early Sunday morning in Byrneville.
The fire was reported about 12:15 a.m. in the 1400 block of Byrneville Road, just south of Byrneville Elementary School.
Firefighter were able to keep the fire from spreading to a nearby home. There were no injuries reported.
The Century, McDavid and Walnut Hill Stations of Escambia Fire Rescue, the Jay Volunteer Fire Department and the Flomaton Fire Department were dispatched to the blaze.
Editor’s note: This story has been updated to reflect that a pool deck that burned. Preliminary information had indicated it was an outbuilding.
NorthEscambia.com file photo.
Ernest Ward Names Students Of The Month
March 13, 2017
Ernest Ward Middle School recently announced Students of the Month for January. They are Autumn Williams, eighth grade; Kailyn Watson, seventh grade; and Alexia Yeater, sixth grade. Submitted photos for NorthEscambia.com, click to enlarge.
Stand Your Ground Vote Could Come This Week In Florida Senate
March 13, 2017
Florida senators could vote as soon as Wednesday to approve a bill (SB 128) that would shift a key burden of proof in “stand your ground” self-defense cases.
The Senate took up the measure Thursday and positioned it for a vote.
The proposal stems from a Florida Supreme Court ruling in 2015 that said defendants have the burden of proof to show they should be shielded from prosecution under the “stand your ground” law. In “stand your ground” cases, pre-trial evidentiary hearings are held to determine whether defendants should be immune from prosecution.
The bill, sponsored by Sen. Rob Bradley, R-Fleming Island, would shift that burden of proof from defendants to prosecutors. ”
This is the most serious and solemn power that our state government exercises … and the burden should be high on the government from the beginning of the case to the end,” Bradley said.
A House version (HB 245), sponsored by Rep. Bobby Payne, R-Palatka, and Rep. Jason Fischer, R-Jacksonville, is pending in the House Judiciary Committee.
by The News Service of Florida