ORLANDO, Fla. – State Attorney Aramis Ayala filed a federal lawsuit Tuesday against Gov. Rick Scott for removing her from 23 capital punishment cases after she said she would not seek the death penalty in any cases handled by her office.
Ayala came under fire after she announced that she wouldn't seek the death penalty in the case of Markeith Loyd or any other case. Loyd is charged with killing an Orlando police lieutenant earlier this year and his pregnant ex-girlfriend last year.
The pending homicide cases have been reassigned to neighboring State Attorney Brad King, whom Scott also assigned to prosecute Loyd.
In the complaint against Scott and King, Ayala said Scott violated the U.S. Constitution and “deprived voters in the Ninth Judicial Circuit of their chosen State Attorney,” by removing Ayala from the cases.
“The governor did not take this step because of any misconduct on Ayala’s part, but simply because he disagreed with her reasoned prosecutorial determination not to seek the death penalty under current circumstances,” reads the complaint.
King was not elected by voters of Orange and Osceola Counties and is a “well-known supporter of the death penalty,” according to the documents.
Ayala said that she was willing to seek the death sentence as an assistant state attorney, but after she was elected she reviewed research showing that capital punishment “has no positive impact on public safety” and is racially and financially discriminatory.
Florida law grants state attorneys the authority to seek capital punishment, but the Florida Constitution does not require them to do so.
“Not only do Governor Scott’s acts violate Ayala’s federal constitutional rights, but they also violate Florida’s state Constitution,” reads a motion filed Tuesday asking the U.S. District Court for the Middle District of Florida to reinstate her in all 23 cases.
Attorney General Pam Bondi and Scott are required to respond to the lawsuit before April 26, according to the Florida Supreme Court.
Scott’s press secretary emailed his response to reporters Tuesday afternoon after learning of the lawsuit.
“Scott stands by his decision to assign State Attorney Brad King to prosecute Markeith Loyd after State Attorney Ayala refused to recuse herself. Markeith Loyd is accused of executing Lt. Debra Clayton, a brave law enforcement hero who was on the ground fighting for her life, and murdering his pregnant ex-girlfriend Sade Dixon. Orange County Sheriff’s Deputy Norman Lewis was also killed while actively searching for Loyd. As Governor Scott has continued to say, these families deserve a state attorney who will aggressively prosecute Loyd to the fullest extent of the law and justice must be served.”