Florida bill would lower jury threshold for death penalty

TALLAHASSEE, Fla. (FLV) – Lawmakers filed a bill that would eliminate one juror from nixing the death penalty, and instead require at least eight jurors recommend a death sentence. 

Gov. Ron DeSantis has called for state lawmakers to prevent one juror from being able to stop a capital punishment sentencing after the parkland shooter received a sentencing instead of the death penalty.

“One juror should not be able to veto that and I just don’t think justice was served in that case,” the governor explained.

Currently, under Florida’s death penalty law, all 12 jurors must unanimously agree that the defendant should be sentenced to death. If one juror disagrees with the death penalty, the defendant will not be sentenced to death, instead they would receive life in prison without parole.

Sen. Blaise Ingoglia, R-Spring Hill, and Rep. Berny Jacques, R-Seminole, filed a Senate and House version of the legislation to reform death penalty sentences by recommending the current Florida Statute change from 12 unanimous jurors determining death sentences to a supermajority of eight jurors.

“It is unconscionable that ‘protest jurors’ can deny justice to the families of victims of heinous crimes in our current system of unanimity. This is much needed reform to ensure that evil scumbags like Nikolas Cruz do not escape with just a life sentence,” Ingoglia said.

In 2014, Tarpon Springs Police Officer Charlie Kondek responded to a noise complaint call and was shot and killed by Marco Antonio Parilla Jr. in the line of duty. 10 out of the 12 jurors called for Parilla to receive the death penalty but because of the two against it, he did not receive the punishment. Jacques pointed to this case and said it was a wrongly decided court decision. In support of the bill, he said it would correct it.

“Five years ago, the family of fallen Tarpon Springs Police Officer Charlie Kondek was devastated in a Pinellas County courtroom when they learned his killer would not receive the ultimate punishment — all because 2 jurors out of 12 refused to recommend the death penalty,” Jacques said.

“Three years ago, the Florida Supreme Court made it very clear that Florida’s recently changed law that requires all 12 jurors to agree on recommending death was based on a wrongly decided court decision; this bill corrects that wrong. As a former prosecutor who worked with crime victims and their family members, I am confident that this fix in our law will strengthen the administration of justice in Florida,” he continued.

Officers of the Florida Prosecuting Attorney’s Association, Ed Brodsky, President and State Attorney for the 12th Circuit, Jack Campbell, Vice-President and State Attorney for the 2nd Circuit, Amira Fox, Secretary and State Attorney for the 20th Circuit, and Brian Haas, Treasurer and State Attorney for the 10th Circuit added their support to the legislation.

“We support reforming Florida’s death penalty law to ensure those convicted of the most heinous murders be sentenced to death without the requirement of a unanimous jury recommendation. This reform will help the victims of these crimes and their families receive the justice they deserve,” they said in a joint statement.