Scott Powers
After losing a judge’s ruling Tuesday on her request to remain the prosecutor for the murder trial of of alleged cop-killer Markeith Loyd, Orlando’s State Attorney Aramis Ayala vowed Tuesday to continue fighting for her right to represent the state in that case.
Ninth Judicial Circuit Chief Judge Frederick Lauten ruled Tuesday that the state attorney from Ocala, Brad King, would represent the state, in the case of Loyd, charged with killing his pregnant ex-girlfriend Sade Dixon and Orlando Police Master Sergeant Debra Clayton, according to the Orlando Sentinel.
Afterwards, Ayala indicated she would challenge the executive order made by Gov. Rick Scott, stripping the Loyd case from Ayala and assigning it to King, after Ayala had declared she would not pursue the death penalty in that or any other case in her Florida’s 9th Judicial Circuit, which includes Orange and Osceola counties. To do so, she intends to seek a writ of quo warranto, forcing Scott to show what authority he used to reassign the case.
“By inserting his personal politics into this case, Governor Scott’s unprecedented action is dangerous and could compromise the prosecution of Markeith Loyd and threatens the integrity of Florida’s judicial system. As the judge found today, what has been done is unheard of,” Ayala said in a written statement. “We will move forward to expose the governor’s action as unlawful and unconstitutional in a way that does not compromise the successful prosecution of Markeith Loyd.”
On Tuesday, Ayala appeared in court with Roy Austin, a former federal prosecutor and former legal official in President Barack Obama’s administration, the Sentinel reported.
In related news, Ayala received the backing of the Orange County Young Democrats, whose board voted unanimously to support her prosecutorial discretion to decide to not use the death penalty. That group issued a statement consistent with earlier statements issued by the Orange County Democratic Party Executive Committee, the Orange Democratic Black Caucus, the Florida Democratic Black Caucus, and the Florida Democratic Progressive Caucus.
“Gov. Scott, who has signed more death warrants than any Governor since 1976, has no legitimate reason to remove or suspend State Attorney Ayala from any capitol case and is punishing her for her decision not to seek the death penalty. The decision to seek the death penalty remains solely within the discretion of the State Attorney and her office. Florida law only requires that she gives notice of her intention to seek the death penalty, or not, and State Attorney Ayala has satisfied her legal duties at every step of the way,” the Orange Young Dems declared in their statement. “Governor Rick Scott is conflating death with justice and he is acting on political motives. In choosing to not seek the death penalty, State Attorney Ayala is acting fully within her power and the Orange County Young Democrats stand united in support of her. We demand that Gov. Scott reinstate Aramis Ayala immediately so that she can resume her duties and vital work within the Orange County community.”
