State Attorney Andrew Bain makes sweeping changes during first month

ORLANDO, Fla. – Newly appointed State Attorney for Orange and Osceola Counties Andrew Bain provided an update following his first month in office on Thursday.

Bain outlined changes such as the reinstitution of mandatory minimum sentencing for the possession of firearms by felons, bringing back former prosecutors, and sending use of force cases to a grand jury.

In August, Gov. Ron DeSantis appointed Bain to replace State Attorney Monique Worrell from the ninth Judicial Circuit, following her immediate suspension.

Bain is taking action to reinstitute mandatory minimum sentencing for the possession of firearms by felons.

DeSantis previously said Worrell’s practices or policies of avoiding minimum mandatory sentences for gun crimes “not only defies the expressed will of the Florida Legislature, it also subjects the residents to increased risk of harm as violent criminals in the community are too often left on the streets or prematurely returned to the streets to cause, further violence and mischief.”

“The decision to restore this law and practice is driven by State Attorney Bain’s unwavering dedication to public safety and accountability,” a press release said.

Bain said they are making changes to the diversion program, which he previously suspended upon taking office, according to an email obtained by Florida’s Voice.

“I want to reaffirm my goal of being transparent and accountable to our justice system, and to our community so that we can build a trust, and something that we can rely on. These accomplishments from our first month are just the beginning and there is much more work to be done,” Bain said.

Previously, Bain said his top priorities as state attorney include restoring order, faith in the law, and the relationships with his fellow justice partners and law enforcement.

Sending ‘Use of Force’ cases to grand jury

To ensure an objective, transparent and timely review of use of force cases, the state attorney’s office has reviewed and changed the policy to ensure that use of force incidents are “handled in accordance with the law.”

In the new policy, these cases will be thoroughly reviewed and presented to a grand jury to ensure “community transparency, and a timely outcome for both law enforcement, families, and the community.”

A community policing aspect will allow the grand jury to “weigh in” on best practices and training that will result in “saving lives as while as reducing the number of these critical incidents.”

“We will ensure that if we are going to seek death, that is going to be something that’s gonna be fair, balanced, and is going to be transparent, in how we’re going to do it. Transparency, again is critical when it comes to the use of force policy,” Bain said.

The goal is to allow the grand jury members to hear directly from the affected parties and make recommendations related to those policies and procedures or training enhancements, the press release said.

“There has been a significant call for transparency surrounding the use of force policies and procedures, particularly in cases where it is alleged that excessive or unjustified force was used,” Bain said.

Backlog of cases

The state attorneys office is actively working to streamline case management processes to reduce case backlog and ensure the timely resolution of cases.

Bain said in the coming weeks, he will be announcing the changes to the previously suspended diversion program that will “get us out of the backlog that extends back to November of 2020.”

A review of the Conviction Integrity Unit revealed had a severe backlog of 200 cases. 

Moreover, defense counsel in the Ninth Circuit have “complained of, in at least one instance, waiting for an answer on a diversion case since November of 2022,” the office stated.

Death penalty

Bain said a review of outstanding cases revealed that were some inconsistencies on how the death penalty was being imposed.

A thorough review of outstanding cases determined that Monique Worrell’s administration did not “consistently pursue the death penalty, even in cases where it may have been warranted.”

The office found that of the three death penalty cases Worrell’s administration filed within two years, assistant state attorney’s had to be approved to seek the death penalty and were required to offer a life sentence that would remain open until a jury was selected.

Staffing update

Bain has hired seven prosecutors with nearly 75 years of prosecutorial experience. 

According to a press release, all of the newly hired prosecutors had previously worked at the Ninth Circuit State Attorney’s Office and decided to return to the Circuit upon State Attorney Bain’s appointment.

Prior to State Attorney Bain’s appointment, the office was severely understaffed and had approximately 30 open assistant state attorney positions.

“Public safety is critical to our well being as a community and hiring prosecutors that have experience and ones that are motivated to seek justice is part of the goal, and part of my administration’s goal towards that end,” Bain said.

Bain said as they hire prosecutors in upcoming weeks, he will “continue to assure that we communicate with you all about this ongoing backlog and making sure that we were being held accountable and moving those cases forward.”

“Fairness is a fundamental pillar of our justice system,” Bain said.

Neo-nazi protester arrest

Bain said this week he met with the Florida Department of Law enforcement in regards to the arrest of a “neo-Nazi” protester, as reported by Florida’s Voice.

Bain said over the past month, he has engaged regularly with law enforcement and they are beginning to “foster a more open and communicative relationship that is going to benefit the policing in our area as well as the justice system that we are trying to create.”