Death and Texas
Florida’s corporate prisons face a major problem. Our inmate population is so huge that even a death a day from guards and other inmates can’t cure the overload. We proudly possess the second largest death row in the nation and we can’t kill the convicted fast enough. Believe me, Florida tries and we compete fiercely.
Surmounting our rivalry with Texas came with bitter disappointment. Just as we pulled ahead of the Lone Star State, California came from behind to pass us both. That sound of gnashing teeth means we’re still Nº 2.
The Supreme Court keeps telling us our capital punishment statutes aren’t constitutional. Hey, as long as jurors had a ⅚ majority and it was fishing season, we were good to kill. We didn’t need no stinking 100% unanimosity. If a misguided jury decided the accused didn’t deserve death, our statutes allowed a hanging judge (who in Florida isn’t?) to override those wussy jurors and impose a death penalty anyway. How dare the Supreme Court tell us that’s not fair!
The Florida legislature raced forward and not only patched statutes making it easier to execute, they also enhanced the Shoot First / Stand Your Ground law, making it even easier for Floridians to kill each other and stray tourists caught in the crosshairs, not that anyone bothers aiming.
Originally, like Britain and most of North America, we relied upon the Castle Defense, a code aimed toward preserving life. If your land or your home was invaded, your first duty was to retreat, phone 911, and fire a warning shot if you were armed. You weren’t authorized to kill unless you were in imminent danger.
The Shoot First / Stand Your Ground law changed that. The NRA didn’t like the idea of strategically retreating and especially didn’t want good ammo going to waste. The SF/SYG law allowed you to shoot anyone who trespassed or stood in your way if you felt fearful. As has been noted, the legislation was written by white people for white people. Whereas a few hundred citizens have escaped prosecution or conviction, ask black folks how well that law worked for them.
Flush with the heaving, panting bosomy excitement of seeing the SF/SYG metastasize across the country, Florida decided it could do better. The new, enhanced law, making its way through the Florida legislature, adds new benefits for lucky gun owners.
- Just as SF/SYG removed the requirement of first attempting to retreat, the new and improved revision says you won’t even have to stand your ground. You could actively pursue your
- In the original SF/SYG incarnation, you merely had to show you were afraid. The revision places the onus on police and prosecutors to prove beyond a reasonable doubt the use of deadly force was not justified. A perpetrator relying upon the new law, could without risk, ask for a hearing, claim self-defense, ask a judge for immunity from criminal and civil prosecution, and thus short-circuit a trial.
- If (2) seems in conflict with (1), don’t worry your pretty little non-Floridian head about facts and logic. (2) still applies.
Choice and Challenge
Along comes a bad guy named Markeith Loyd. He’s big, he’s scary, he’s black. He kills his pregnant girlfriend and goes on the lam, as golden-age crime novels say. While visiting a WalMart a few minutes from my house, he and a lady cop, Sgt. Debra Clayton, recognize each other. Before she can react, he shoots– kills her– and continues on the lam.
|Markeith Loyd © Orlando Sentinel|
Florida polished its latest in capital killing laws and salivated at the prospect of frying Loyd in the ‘new’ Old Sparky. If anyone deserved electric execution, Mr. Loyd did. As some might argue, he merited death writhing in ‘the chair’, his hair smoking, skin cooking, eyes bulging and face contorting so much executioners close the curtains to the sensitive in the viewing room.
|Aramis Ayala © Blue Lives Matter|
Virtually everyone in the Sunshine State gasped in horror. All turned against her… women, men, black, white, Florida Republicans and Democrats (all four of them). Kinder blogs called her misguided. Some claimed she was blinded by BLM. The cruder, calloused, and clamorous referred to her as a traitor… and worse. One man is floating a petition demanding the Governor fire her.
Who couldn’t understand Police Chief Mina’s anger? Who could blame the families of the two women killed if they too were frustrated? No one could, not even Aramis Ayala.
One trait her multitude of opponents couldn’t accuse her of was a lack of bravery. She appears tiny but holds an outsized heart… in the senses of commitment, compassion and fortitude. People like her take the heat but eventually help turn the tide toward justice. Think of those who preceded her who just said no:
- the suffragette who sought the right to vote.
- the woman who wouldn’t sit in the back of the bus.
- the little girl who attended school surrounded by the National Guard.
- the teen who protested the Vietnam War.
- the Son of Man alone in the Garden of Gethsemane.
The drama was far from over.
Our corrupt Governor Rick Scott (I use that term advisedly about a man who committed the largest fraud in Medicare/Medicaid in history and was fined $1.7-billion) read the polls and flew into a rage. He pulled Aramis Ayala from prosecution. Scott installed his own minion to erect the legal scaffolding around Markeith Loyd and grease the skids to the death chamber in that jewel of Florida, beautiful, exciting Raiford.
To reiterate, Gov. Scott removed a duly elected official from my county and substituted his own choice of prosecutor, subverting yet again our election process.Could a defense attorney argue on appeal that Florida’s governor stacked the deck against the defendant? It would take someone with far more legal knowledge and imagination than I to construct such an argument, but clearly the governor is not above meddling in the legal system, a dangerous precedent. Ayala has received some support from state attorneys and at least one public defender who question Scott's subverting the election process and pressuring state lawyers to do his bidding.
Wait! We have good news! Florida is back on track for executions. With luck, the day may come when we no longer defensively chant, “We’re Number 2! We’re Number 2! We’re Number 2!”
Oh! If you feel like killing someone, come to Florida where your chance of prosecution is rapidly diminishing. We need the tourism dollars.