Senate Panel, Headed By Evers, Looks For Death Penalty Fixes
January 29, 2016
A Florida Senate panel chaired by Greg Evers heard Wednesday from prosecutors, judges, public defenders and experts about how to fix the death-penalty process after the U.S. Supreme Court struck down the state’s capital sentencing structure this month.
The Senate Criminal Justice Committee workshop focused on the impact of the decision, known as Hurst v. Florida, which found the state’s system of allowing judges — not juries — to impose the death penalty is unconstitutional.
Much of the testimony from defense lawyers, judges and prosecutors also dealt with issues related to but not explicitly addressed in the Jan. 12 ruling.
The 8-1 decision was centered on what are known as “aggravating” circumstances that must be found before defendants can be sentenced to death. A 2002 U.S. Supreme Court ruling, in a case known as Ring v. Arizona, requires that determination of such aggravating circumstances be made by juries, not judges.
Under Florida law, juries make recommendations regarding the death penalty, based on a review of aggravating and mitigating circumstances, but judges ultimately decide whether defendants should be put to death or sentenced to life in prison.
Florida law also does not require that the jury recommendations to impose death sentences be unanimous, making the state an “outlier” compared to others with capital punishment, Bob Dunham of the Washington, D.C.-based Death Penalty Information Center, told the committee.
While Florida only requires a simple majority recommendation from juries, Alabama and Delaware — the only other states that do not require unanimity — both require at least nine jurors to vote in favor of capital punishment.
Being so outside of the mainstream puts Florida at risk in a future Supreme Court ruling, Dunham said.
Nearly all of the speakers Wednesday recommended that the Legislature require unanimous verdicts in death penalty sentences, as is required for all other verdicts under state law.
Capital Collateral Counsel for the Southern Region Neal Dupree said the lack of unanimity is “disconcerting” in death sentences.
“We require a jury to be unanimous in every other aspect of law, why shouldn’t a unanimous jury be required in this instance?” said Dupree, whose state-backed agency represents Death Row inmates.
O.H. “Bill” Eaton, a retired Florida judge and death penalty expert, told the panel that requiring unanimous verdicts in death penalty sentences would require jurors to be more deliberative.
“When you have a unanimous verdict, everybody’s got to work and they’ve got to come to grips with a decision,” Eaton said.
But Brad King, the state attorney for the 5th Judicial Circuit, which includes Ocala, said unanimous verdicts should be required for decisions regarding aggravating circumstances but not for whether the death penalty should be imposed. King suggested that 9-3 decisions for sentencing would suffice.
Allowing one juror “with no qualifications” related to the death penalty to prevent a death sentence would “give them absolute control over what that sentence is,” King said.
“You allow them to control the entire process,” he said.
Evers, who represents the North Escambia area, assembled the speakers and asked them to make specific recommendations to the Legislature about how to fix the problem with the sentencing process.
Florida Solicitor General Allen Winsor, who works for Attorney General Pam Bondi and who argued the Hurst case before the U.S. Supreme Court last fall, told the committee that his office did not have any suggestions about how the state should respond.
“You’re really not going to give us any recommendations?” Evers said.
Under questioning from Senate Minority Leader Arthenia Joyner, Winsor remained reticent.
“What he’s going to do is he wants us to come up with the decision and then they’re going to work with us on it,” Evers, R-Baker, said.
Lawmakers are also grappling with whether the Hurst ruling should apply retroactively to already-sentenced Death Row inmates, something the U.S. Supreme Court did not address in its ruling.
Dupree is representing Cary Michael Lambrix, a Death Row inmate scheduled to be executed on Feb. 11. The Florida Supreme Court will hear oral arguments in the case, including the impact of the Hurst decision, on Tuesday.
Dupree said Florida lawmakers should follow their own example in a 1972 law passed in anticipation of a U.S. Supreme Court decision in a case known as Furman v. Georgia that resulted in a nationwide moratorium on the death penalty. The law, still on the books, required that all death sentences be reduced to life imprisonment if a U.S. Supreme Court decision finds that the state’s death penalty statute is unconstitutional.
Sen. David Simmons asked the panel whether the 1972 law would have to be applied in the wake of the Hurst ruling, but received mixed responses from the experts.
Evers said the Senate will pass “some type of death penalty reform” during the legislative session. After the meeting, he said he intends to propose a measure that will require juries to impose death sentences and that it will also address how many jurors must decide on the sentence.
“I can’t guarantee it will be unanimous, but the numbers will change,” Evers said. “We’re going to look at it to where we don’t have to come back here and we can put Florida’s death penalty to rest.”
by The News Service of Florida
Open Carry, Stand Your Ground Measures Headed To House Floor
January 29, 2016
Three gun-related measures — including an open-carry proposal and another that would change the burden of proof in the state’s “stand your ground” law — are headed to the House floor for a full vote.
A proposal that would let the nearly 1.5 million people in Florida with concealed-weapons licenses openly display firearms in public received a thumbs-up at its final committee stop on Thursday. Later in the day, the Senate passed two other gun measures, including the “stand your ground” proposal (SB 344).
The House will take up the self-defense measure after it receives the bill from the Senate, House Speaker Steve Crisafulli’s spokesman Michael Williams said in an email Thursday. A House version failed on a tie committee vote in November.
The House Judiciary Committee approved the open-carry bill (HB 163) after rejecting an amendment with alternatives suggested by the Florida Sheriffs Association. Gun rights advocates argued the amendment wouldn’t stop people with concealed-carry licenses from being arrested for accidentally exposing a sidearm.
“To every extent that our citizens can take more responsibility for their own safety, we enhance the public safety of the collective society,” Rep. Matt Gaetz, a Fort Walton Beach Republican who sponsored the bill, told reporters after the meeting. “Of course, there are circumstances where people use firearms in a bad way, just like there are circumstances where people use other weapons in a bad way. I don’t think that’s the function of the law. I think that’s the function of the individual.”
Rep. Michelle Rehwinkel Vasilinda, a Tallahassee Democrat, joined Republicans on the committee in a 12-4 vote in favor of the proposal.
The committee tacked on an amendment that would require an openly carried gun to be in a holster, case or bag. The amended bill would also acknowledge that private employers can display written notices stating that possession of a firearm is prohibited.
The open-carry measure drew concerns from several lawmakers over its potential impact to tourism. Law enforcement officials are split on the proposal — the Florida Police Chiefs Association and some county sheriffs support it, while the Florida Sheriffs Association is opposed.
Lake Worth Democrat Rep. David Kerner argued that, with or without open-carry, concealed-weapon license holders can defend themselves now.
“Nobody wants this policy except a very small group of Floridians,” Rep. Dave Kerner, D-Lake Worth, said. “I don’t think we should jeopardize the image and safety of our state and law enforcement officers to appease a theory of constitutional law that is not accurate.”
Kerner, a former police officer, attempted to include language proposed by the Florida Sheriffs Association that would define measures for law enforcement when a concealed-weapons license holder inadvertently displays a sidearm.
But influential National Rifle Association lobbyist Marion Hammer dismissed concerns about the bill as “creative hyperbole.”
“Most license holders will never carry openly,” Hammer said. “But if they do they won’t cause a problem. And how do I know that? Because if they cause problems, they will lose their license and then they can’t carry concealed or openly.”
A Senate companion (SB 300) is awaiting a hearing by the Senate Judiciary Committee, where amendments similar to Kerner’s are expected.
The Senate, meanwhile, on Thursday sent a pair of gun-related bills to the House.
By a 24-12 vote, the Senate signed off on a measure (SB 344) that would alter the burden of proof in “stand your ground” self-defense cases.
Democrats contend the proposal will put an end to cases before all of the facts are fully revealed.
“It potentially stops an investigation cold after the last man standing tells his side of the story,” said Senate Minority Leader Arthenia Joyner of Tampa. “The dead do not have the opportunity to rebut the tale told by the survivor. In cases where there are no witnesses, this bill stacks the deck against the justice for the dead.”
The bill stems from a Supreme Court ruling last year that said defendants have the burden of proof of showing 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 measure, sponsored by Sen. Rob Bradley, would place the burden of proof on prosecutors in the evidentiary hearings.
Bradley, a former prosecutor, said the “fundamental tenet” of the criminal-justice system is that the state has the burden of proof in criminal proceedings.
“I think it’s simply incorrect to suggest that this bill will result in an otherwise guilty individual going free,” Bradley, R-Fleming Island, said. “If the state has sufficient evidence to successfully prosecute a defendant in a jury trial, the state will prevail in the immunity hearing before a judge and the judge will permit the case to go to trial.”
But Democrats argued that the measure would increase the likelihood of a repeat of the 2012 death of Trayvon Martin, a black 17-year-old who was shot by neighborhood-watch volunteer George Zimmerman in Sanford.
Zimmerman, who claimed he shot the teen in self defense, was not immediately charged. A jury later acquitted him of second-degree murder charges.
“We talk about the shifting of burden from the defendant on to the state. All I can do is think about how that (Zimmerman) trial played out and what I felt like when that jury verdict came down,” said Sen. Dwight Bullard, a Miami Democrat who is black.
Although the House version of the proposal (HB 169) failed on a tie vote in its only committee vetting last year, Williams said “the House will take up the (Senate) bill for consideration” when it receives the bill.
The Senate unanimously passed a second measure (SB 130) — dubbed the “backyard range” bill — intended to restrict the recreational discharge of a firearm in certain residential areas.
The measure prohibits the recreational discharge of a firearm outdoors, including for target shooting or celebratory shooting, in primarily residential areas with a density of one or more dwelling units per acre. A violation would be a first-degree misdemeanor punishable by up to a year in jail and a $1,000 fine.
A staff analysis of the bill pointed to reports about people constructing gun ranges in their backyards, with neighbors being concerned for safety. Law enforcement officials complained that they were hamstrung because their lawyers found the state statute barring “recklessly or negligently” discharging a firearm to be “subjective and vague.”
by Jim Turner, The News Service of Florida
Northview Grad Awarded Prestigious American FFA Degree
January 29, 2016
Courtney Solari, a 2014 graduate of Northview High School, has received her American FFA Degree, which is awarded to FFA members who have demonstrated the highest level of commitment to FFA. The degree is presented after the FFA member graduates from high school.
Less than half of one percent of all FFA members receive the American FFA Degree, making it one of the organization’s highest honors. The National FFA Organization provides leadership, personal growth and career success training through agricultural education to over a half million student members in grades seven through 12 who belong to one of 7,570 local FFA chapters throughout the U.S., Puerto Rico and the Virgin Islands.
Solari was unable to attend the FFA National Convention last October. The degree was presented to her Thursday by Northview FFA Advisor Perry Byars.
Pictured: Courtney Solari, left, receives her American FFA Degree from Northview FFA Advisor Perry Byars. Photo for NorthEscambia.com, click to enlarge.
Three Juveniles Steal School Bus, Take It On 35 Mile Joyride
January 28, 2016
Three juveniles were arrested Wednesday night after they stole a full-sized school bus and drove it around Pensacola for almost three hours.
Brian Wilson, 11; Tyvon Sinclair, 11, and Catrina Montgomery, 14, all of Pensacola have been charged with grand theft of a motor vehicle.
Detective Christopher Forehand said the incident began around 7:30 p.m. when the juveniles found the door open and key in the ignition of a school bus parked at Jacqueline Harris Preparatory Academy, 1408 E. Blount St.
Forehand said Wilson started the bus and then drove it off the school grounds. The juveniles drove the bus around Pensacola – including on Interstate 110 – before a man called police to report it for being driven recklessly. The man said he was following the bus and that the driver was running over curbs and repeatedly driving in the opposing lane.
Two Escambia County Sheriff’s deputies stopped the bus around 10:15 p.m. in the 700 block of South Navy Blvd. near the front entrance to the Pensacola Naval Air Station. Wilson was driving the bus at the time. Forehand said the investigation determined all three juveniles drove the vehicle during a 35-mile trip around Pensacola.
All three juveniles were transported to the Department of Juvenile Justice after they were arrested.
Train Blocks Numerous Cantonment Crossings
January 28, 2016
A stopped CSX train in Cantonment blocked numerous crossings this morning along Highway 95, including Countri Lane and Woodbury, for hours.
Officials say that according to CSX the train was “incapacitated”. The train was moved south, unblocking all crossings in the Cantonment area by 12:45 p.m.
Residents trapped in their neighborhoods said that the train was there since about 7 a.m. While the crossings were blocked, Escambia Fire Rescue was unable to get a fire truck to a reported medical emergency on Woodbury; however, the call turned out to be a false alarm.
Senate Unveils Boost In Educaton Spending
January 28, 2016
Senate budget writers are considering a larger education spending increase than Gov. Rick Scott sought, though lawmakers are still considering how to offset an increase in local property taxes that helps pay for the historic number.
The initial proposal from the Senate Education Appropriations Subcommittee would boost funding for the main public-school spending formula by almost $650.6 million in the year beginning July 1, more than the $507.3 million increase that Scott has touted as record-breaking.
The Senate amount would allow the state to spend $7,249.23 a student, against the $7,220.59 figure Scott has proposed. Either number would break the previous record for public-school spending on a per-pupil basis, set nine years earlier, before the financial crisis wrecked the state’s budget.
But Sen. Don Gaetz, a Niceville Republican who chairs the education budget panel, cautioned against reading too much into the number. Gaetz has raised questions about the spending increase’s reliance on rising local property taxes, which are part of the state funding formula.
“This is an area right here … where you may very well see some changes in our approach to it and in the numbers, depending upon our ongoing work and analysis,” Gaetz said.
Tax rates would remain flat under Scott’s plan and the Senate’s proposal, but so far the funding includes the increase in revenues from rising property values. Some lawmakers argue that the distinction doesn’t mean much to homeowners who will end up paying more regardless.
Gaetz’s committee has discussed three approaches to equaling out the increase in state and local funding. One option would be to boost state spending along with local funding, another would be to increase state funding to offset local tax dollars, and a third would be to simply lower local property taxes.
“We’re looking for a way to achieve increased funding for our K-12 schools without creating a property tax increase that is disproportionate,” Gaetz told reporters after the meeting.
The proposal released Tuesday would fall well short of completely evening out state and local spending on education, but more resembles that approach than the other two.
The plan would also increase spending on after-school or mentor programs by $10 million, to $30 million, while putting funding for those activities into a competitive grant system.
The Senate spending outline would provide less than Scott does in performance funding for state universities — $475 million, compared to $500 million from the governor — and the same $60 million for performance funding at state colleges. Gaetz is also floating spending $25 million to overhaul the funding formula for state colleges.
The subcommittee is hoping to firm up the numbers before meeting Thursday and sending its final recommendations to the full Senate Appropriations Committee.
by Brandon Larrabee, The News Service of Florida
Deputies Bust Cantonment Man Red Handed During Armed Robbery
January 28, 2016
A Cantonment man was caught red-handed by deputies after he allegedly held an employee hostage at knife-point as he tried to rob a coffee shop on Perdido Key.
James Maitland Jones, 45, was charged with armed robbery, aggravated battery using deadly weapon, kidnapping and two counts of petit theft. He remains in the Escambia County Jail without bond.
Jones allegedly entered the businesses and held a large knife to a clerk’s neck, forcing her to empty all of the cash from the register and her purse. He then used a rope to tie-up the clerk, continually threatening to kill her if she screamed. He then began to ramble at the clerk, telling her not to smoke crack because crack had made him commit the robbery, according to an Escambia County Sheriff’s Office report.
As the robbery was taking place, the clerk at an adjoining business, Perdido Pack and Ship, heard the commotion and saw the clerk being held with a knife to her neck. The shipping store called 911, and deputies were on scene within two minutes.
Deputies entered the coffee shop and ordered Jones to drop the knife. He was detained without further incident.
“I was in constant fear of him killing me and I was terrified for my life,” the coffee shop clerk told deputies.
Jones was on felony state probation for armed burglary, having been released from prison last May. He has an extensive criminal history, according to Florida Department of Corrections records, having served time in Florida on two dozen felony charges, including multiple counts of burglary, grand theft and weapons charges from Escambia County.
Volunteers Needed For West Florida Library Board Of Governance
January 28, 2016
The Escambia County Board of County Commissioners is seeking county residents interested in volunteering to fill vacancies on the West Florida Public Libraries Board of Governance.
The duties of the Board include establishing policy and overseeing the management of Escambia County library services and to make recommendations to the BCC regarding the annual budget according to the purposes and authority set forth in resolutions, interlocal agreements and other agreements, as well as state and federal laws. These duties also include establishing an annual plan of service and the long-range strategic planning of library services.
West Florida Public Libraries provides service to all of Escambia County, with the Board typically meeting on the fourth Monday of the month from 4 to 6:30 p.m.
Residents interested in serving on the board are asked to submit a resume and letter indicating their desire to serve by close of business on Tuesday, February 9. Resumes should be submitted to Todd J. Humble, Director, West Florida Public Libraries, 239 N. Spring Street, Pensacola, FL 32502 or by email to tjhumble@mywfpl.com.
Molino Park Students Dress As 100-Year Olds
January 28, 2016
Molino Park Elementary School students celebrated the 100th day of the school year Wednesday by dressing up like 100-year olds.
NorthEscambia.com photos by Kristi Price, click to enlarge.
Florida House Backs High Profile ‘Fracking’ Oil Drilling Bill
January 28, 2016
After an intense debate spread over two days, the Florida House on Wednesday approved a bill that would revamp regulation of the controversial oil and gas drilling process known as “fracking.”
The bill, in part, would bar local governments from imposing moratoriums on fracking, while requiring the state Department of Environmental Protection to undertake a wide-ranging study that would include looking at potential risks and economic benefits of the process.
The bill (HB 191) dealing with oil and gas drilling spurred heavy debate Tuesday and Wednesday and passed in a 73-45 vote that was nearly along party lines. Republicans Halsey Beshears of Monticello, Chris Latvala of Clearwater, Mike Miller of Winter Park, Holly Raschein of Key Largo, Greg Steube of Sarasota, Jay Trumbull of Panama City and Charles Van Zant of Keystone Heights crossed party lines to vote against the measure.
Supporters of the bill point, in part, to efforts to gain energy independence. Also, they say oil and natural-gas drilling has taken place in parts of Northwest Florida and Southwest Florida for decades.
Rep. Cary Pigman, an Avon Park Republican who has helped sponsor the bill, said the measure includes safeguards, such as the Department of Environmental Protection study. After conducting the study, the department would develop proposed fracking rules, which would have to be ratified by the Legislature.
“Wishing for a zero-risk process or some absolute safety is not possible,” Pigman, a physician, said. “I acknowledge that oil and natural-gas production is an untidy process. So is all of mining, so is farming, so is industry, yet our society needs energy, we need food and we need the finished products made from natural resources.”
But Democrats railed against the bill, with Rep. Jose Javier Rodriguez, D-Miami, saying it would put out a “welcome mat” for fracking. The process, more formally known as hydraulic fracturing, has spurred controversy across the country, with critics arguing it can lead to problems such as contamination of water supplies and earthquakes.
“Why would we even want to consider a bill that is going to potentially poison our drinking water? What we’re doing is we’re injecting toxic fluids in the ground,” Rep. Irv Slosberg, D-Boca Raton said. “What’s wrong with us here? I mean, something’s going on. And you know what’s going on, this fracking bill is really called the anything for money bill.”
Democrats also pointed to numerous local governments that have voted to prohibit fracking in their communities. Rep. Kristin Jacobs, D-Coconut Creek, read a list of counties scattered throughout the state.
“Our county scientists in Broward as well as Miami-Dade and Palm Beach County and beyond have looked at this issue and have determined that fracking is not a good thing, it is not a good thing for our state,” Jacobs said.
Rep. Ray Rodrigues, an Estero Republican who has sponsored the bill, said he recognizes that the proposal is in a “center of a storm of controversy.” But he pointed to historical examples such as Florida allowing electricity in homes, clearing the way for automobiles and being home to the space industry.
“If you look at our history, challenges and controversies have always confronted this chamber, and the choices have always been the same — are we going to react with fear, are we going to react with pessimism or are we going to be cynical? Or are we going to react with courage, are we going to react with optimism, and are we going to seek the ideal?’ Rodrigues said.
A similar Senate bill (SB 318), sponsored by Sen. Garrett Richter, R-Naples, has been approved by two committees and awaits a hearing in the Senate Appropriations Committee.
Pictured above: Quantum Resources in Jay. NorthEscambia.com file photo, click to enlarge.