Joe Henderson: Aramis Ayala should follow law in death penalty case, not try to make it

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I’m not a big fan of the death penalty.

I think having condemned inmates spend 20 years or more on death row while their appeals play out thwarts the argument that is a deterrent. Inmate Douglas R. Meeks, for example, has been awaiting execution since March 21, 1975.

He is one of 16 inmates who have been on Florida’s death row since the 1970s.

And keeping inmates locked up 23 ½ a day in a cramped cell with no air conditioning for the entire time they’re awaiting execution is borderline inhumane.

By the way, I’ll concede that the people on death row committed inhumane acts in the first place.

Having said that, State Attorney Aramis Ayala in Orlando was wrong on multiple levels when she announced she wouldn’t seek the death penalty against Markeith Loyd, who is accused of killing Police Lt. Debra Clayton and his pregnant ex-girlfriend.

Gov. Rick Scott did the right thing Thursday with his order that took the case away from Ayala and gave it another state attorney who will pursue the death penalty if Loyd is found guilty.

In a statement, Scott said: “I want to be very clear, Lt. Debra Clayton was executed while she was laying on the ground fighting for her life. She was killed by an evil murderer who did not think twice about senselessly ending her life.”

Ayala referenced several of the factors I mentioned as a reason for not seeking the death penalty in this emotionally charged case. The trouble is, it is her job to follow the law — not make it. If this were a 50-50 decision under existing law, then yes, she could decide not to go for death. But it’s not even close.

If we’re going to have the death penalty, then cop killers go to the head of the list. It is the duty of people in Ayala’s position to prosecute those offenses to the full extent of the law.

There are valid reasons lawmakers should consider abolishing the death penalty, but that’s their call. Death penalty opponents praised Ayala, but that missed the point. What they should be doing is bringing public pressure on legislators.

Just so we’re clear, they also should pick a better case to make their point than one involving the murder of a police officer.

Ayala made history in January when she was sworn in as Florida’s first African-American State Attorney. She made history this time for a different reason. She may not like the death penalty, but it’s part of the job.

Joe Henderson

I have a 45-year career in newspapers, including nearly 42 years at The Tampa Tribune. Florida is wacky, wonderful, unpredictable and a national force. It's a treat to have a front-row seat for it all.



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