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Defense attorney weighs in on surge
FFlorida

Defense attorney weighs in on surge

  • March 17, 2026

SARASOTA, Fla. (WWSB) – Florida’s death penalty has drawn renewed attention as Gov. Ron DeSantis has accelerated the pace of executions in the state, with 19 carried out last year alone.

Defense attorney Brett McIntosh of McIntosh Law in Sarasota said the surge is driven by a combination of political will and a court backlog that built up during the COVID-19 pandemic.

“I think it’s primarily political will just pushing these cases through,” McIntosh said. “There’s probably been a lot of delay related to COVID, believe it or not, that really backed up the court systems, even at the appellate levels during the 2020 to, say, probably 22, 23 years.”

McIntosh compared the backlog to a delay on an airplane tarmac, noting that death penalty cases involve extensive appellate work specific to capital proceedings.

“It is the most final type of sentence that the government can impose,” McIntosh said. “I think it’s a good idea for everybody to try to put in all the work, even if it takes time, to make sure they get it right.”

Michael King to be executed for 2008 kidnapping and murder of Denise Amber Lee

She said Florida has recorded approximately 30 exonerations — cases in which individuals scheduled to be executed were later found to be innocent.

“You better get it right,” McIntosh said.

McIntosh also addressed the scheduled execution of the man convicted in the killing of Denise Amber Lee, set to take place within hours of the interview.

“Not a lot. What I’ve read briefly about it, pretty horrific crime,” McIntosh said of the case.

She said death penalty cases are evaluated first on guilt, then on aggravating factors determined by a jury.

“Just reading the facts of the case, certainly horrific. I can see where a jury made that finding as being appropriate for a death penalty,” McIntosh said.

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