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March 20, 2023
Eliminating Unanimous Jury for a Death Sentence
HB 555 (Jacques) and SB 450 (Ingoglia) would repeal current law that requires a jury to be unanimous in recommending a death sentence. The measure instead requires that a recommendation by only 8 of 12 jurors is necessary for a sentence of death to be imposed. Christie Arnold sent a letter and testified in opposition to HB 555 (Jacques) in the House Justice Appropriations Subcommittee on Wednesday. "We believe that retaining the jury unanimity requirement would better serve justice because unanimity helps to ensure that the process is as reliable and fair as possible," said Arnold. "Florida already has the highest number of exonorees from death row in the nation. There have been 30 exonorees since 1973. In light of this, we believe it is unwise to weaken and to erode the safeguards around the death penalty." HB 555 was approved by the subcommittee on a narrow 8-6 vote. SB 450 is on the agenda for the Senate Rules Committee on Wednesday, March 22 at 8:30 am. This is its final committee of reference.
Capital Sexual Battery
HB 1297 (Baker) and SB 1342 (Martin) would make the crime of sexual battery eligible for the death penalty. FCCB opposes this measure, which has been found to be unconstitutional by both the Florida and U.S. Supreme Courts. SB 1342 is on the agenda of the Senate Criminal Justice Committee on Monday, March 20 at 3:30pm. HB 1297 is scheduled to be heard by the House Criminal Justice Subcommittee on Tuesday, March 21 at 2:00pm.
Governor Signs Death Warrant
Governor DeSantis has signed a death warrant for Louis Gaskin and set his execution date for April 12 at 6pm. Despite significant evidence of mental illness and four members of the jury voting for a life sentence, the trial judge sentenced Mr. Gaskin to death. Gaskin was convicted of murdering Robert and Georgette Sturmfels, a Flagler County couple, during a burglary of their home in 1989. Gaskin also received a life sentence after being convicted of attempted murder for shooting a man during a burglary at another home the same night.