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After Asay decision, anti-death penalty advocates call for commutations

in Statewide/Top Headlines by

The state’s leading death penalty opposition group is calling for more than 200 Florida death row inmates to have their sentences reduced to life imprisonment.

Floridians for Alternatives to the Death Penalty (FADP) says a Florida Supreme Court decision on convicted killer Mark Asay out Thursday means that many are “entitled to be resentenced.”

The court determined that this year’s U.S. Supreme Court opinion, Hurst v. Florida, requiring Florida juries—not judges—”to (determine) the facts necessary to sentence a defendant to death” does not apply retroactively to Asay and many others.

But the opinion can be retroactive for certain death-sentenced inmates whose “cases were not final” when another related U.S. Supreme Court ruling, Ring v. Arizona, came out in 2002.

That’s when the court first said juries alone must decide on “aggravating factors” for the death penalty. As of Friday, there were 384 convicts facing capital punishment in Florida.

Resentencing efforts could cost Florida taxpayers more than $100 million, said Mark Elliott, FADP’s executive director, in a statement.

“Florida taxpayers could spend more than $500,000 for each complex death sentencing phase that may or may not result in a sentence of death,” he said.

“Commuting these death sentences to life in prison without the possibility of parole would save many millions of critically needed criminal justice dollars,” Elliott added. “These funds could be reallocated to hire and train more law enforcement officers and better protect those who protect us.

“Now is the time to be both tough on crime and smart with taxpayer dollars.”

A spokeswoman for Gov. Rick Scott said the governor’s lawyers would review the ruling but did not immediately indicate when executions will resume.

The last person put to death in Florida was Oscar Ray Bolin Jr. in January. Scott holds the record for presiding over the most executions as Florida governor – 23 – since the death penalty was reinstated in 1976, according to the Department of Corrections.

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Before joining Florida Politics, journalist and attorney James Rosica was state government reporter for The Tampa Tribune. He attended journalism school in Washington, D.C., working at dailies and weekly papers in Philadelphia after graduation. Rosica joined the Tallahassee Democrat in 1997, later moving to the courts beat, where he reported on the 2000 presidential recount. In 2005, Rosica left journalism to attend law school in Philadelphia, afterwards working part time for a public-interest law firm. Returning to writing, he covered three legislative sessions in Tallahassee for The Associated Press, before joining the Tribune’s re-opened Tallahassee bureau in 2013. He can be reached at jim@floridapolitics.com.

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