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Orlando Sentinel
Orlando Sentinel
National
Janet Brindle Reddick

Florida governor, attorney general fire back response in lawsuit brought by state prosecutor

ORLANDO, Fla. _ Florida Gov. Rick Scott fired back with a response this week to a lawsuit against him and State Attorney Brad King by Orange-Osceola State Attorney Aramis Ayala, who wants to be reinstated as the prosecutor in 23 death penalty cases from which she was removed.

Ayala announced on March 16 that she would not seek capital punishment in any death penalty case in her jurisdiction, including the one against Markeith Loyd, who is accused in the killing of Orlando Police officer Lt. Debra Clayton and his pregnant ex-girlfriend.

Just after she announced her stance, Scott removed her from those cases and instead appointed King, who represents Lake and Marion counties.

In the joint response filed Wednesday night opposing Ayala's emergency petition for an extraordinary writ, Scott and Attorney General Pam Bondi asked the Florida Supreme Court to deny Ayala's request.

The brief asserts that Ayala's decision to not seek the death penalty "ultimately reflects her personal beliefs rather than the law of this State, appropriately applied on a case-by-case basis."

Scott and Bondi argue in the response that the governor has the authority to transfer cases if the "ends of justice would be best served."

Both Scott and Ayala have had support behind them.

The Republican-dominated state House said it would be filing a friend-of-the-court brief supporting Scott, who wants King to evaluate each case individually.

But Ayala, who says she will not seek the death penalty in any case, has plenty of support from African-American lawmakers and national groups such as the Advancement Project and Color of Change, which filed its own brief with the Supreme Court. The Florida Legislative Black Caucus also said it would back Ayala.

Scott and Bondi say the court's decision in the case will have "vast, long-lasting, and likely unforeseeable implications for the administration of criminal justice in the state."

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