WASHINGTON – The U.S. Supreme Court says Florida's system for sentencing people to death is unconstitutional because it gives too much power to judges — and not enough to juries — to decide capital sentences.
[READ: Supreme Court ruling]
The justices on Tuesday ruled 8-1 that the state's sentencing procedure is flawed because juries play only an advisory role in recommending death while the judge can reach a different decision.
The court ordered a new sentencing hearing for Timothy Lee Hurst, who was convicted of the 1998 murder of his manager at a Popeye's restaurant in Pensacola. A jury divided 7-5 in favor of death, but a judge imposed the sentence.
Florida's solicitor general argued that the system was acceptable because a jury first decides if the defendant is eligible for the death penalty.
Families of murder victims across the state say they're now worried they may have to relive the pain of a sentencing hearing all over again.
"There was no doubt with that jury that he should be sentenced to death," said Rafael Zaldivar, whose son, Alex, was shot execution-style at his Ocoee home in 2012 by Bessman Okafor.
Okafor was sentenced to death in November 2015 at the Orange County Courthouse.
"I just want him in that box," Zaldivar said. "I want him to rot in there until his skin peels off."
State Attorney Jeff Ashton said his office is reviewing the decision to determine what impact it will have on past and future cases.
"Clearly, we will handle death penalty cases in a manner consistent with the Supreme Court’s ruling and Florida law," Ashton said.
It's not clear what kind of impact the high court's ruling may have on a case that hasn't even made it to trial yet.
Jury selection in Luis Toledo's trial begins on Monday.
He's accused of killing his wife, Yessenia Suarez, and her two children.
The state attorney's office has said they plan on seeking the death penalty, and a spokesman tells News 6 they are now reviewing the decision by the U.S. Supreme Court to see how it affects their case.
Late Tuesday, Florida Attorney General Pam Bondi released a statement on the court's decision, saying:
"“In light of today’s United States Supreme Court decision holding Florida’s capital sentencing procedure unconstitutional, the state will need to make changes to its death-sentencing statutes. I will work with state lawmakers this legislative session to ensure that those changes comply with the Court’s latest decision. The impact of the Court’s ruling on existing death sentences will need to be evaluated on a case-by-case basis.”
