{"id":441516,"date":"2026-10-29T14:22:42","date_gmt":"2026-10-29T14:22:42","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-fl\/441516\/"},"modified":"2026-10-29T14:22:42","modified_gmt":"2026-10-29T14:22:42","slug":"editorial-floridas-next-governor-should-fix-defective-death-penalty-orlando-sentinel","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-fl\/441516\/","title":{"rendered":"Editorial: Florida\u2019s next governor should fix defective death penalty \u2013 Orlando Sentinel"},"content":{"rendered":"<p>The next governor of Florida will inherit the nation\u2019s second-largest death row population \u2014 and with it, a legacy of profound questions about the remorseless and deeply flawed system that put so many people there.<\/p>\n<p>In a recent statement, Republican Byron Donalds said <a href=\"https:\/\/floridatrib.org\/2026\/10\/21\/on-the-ballot-will-florida-remain-the-nations-death-penalty-capital\/\" rel=\"nofollow noopener\" target=\"_blank\">he \u201cfirmly supports\u201d<\/a> the death penalty.<\/p>\n<p>Democrat David Jolly has said \u201c<a href=\"https:\/\/www.firstcoastnews.com\/article\/news\/regional\/florida\/florida-gubernatorial-candidates-death-penalty-opinions\/77-8d9c7f6a-8512-47f2-a5bc-bb132f3195c3\" rel=\"nofollow noopener\" target=\"_blank\">with absolute clarity\u201d<\/a> that he would never sign a death warrant not recommended by a unanimous jury, and would impose <a href=\"https:\/\/www.miamiherald.com\/news\/politics-government\/state-politics\/article315241876.html\" rel=\"nofollow noopener\" target=\"_blank\">a moratorium on executions<\/a> pending a full review of the system.<\/p>\n<p><img loading=\"lazy\" decoding=\"async\" class=\"lazyautosizes lazyload\" alt=\"David Jolly on stage in July near Delray Beach (Steve Bousquet\/Sun Sentinel)\" width=\"882\" height=\"660\" data- src=\"https:\/\/www.newsbeep.com\/us-fl\/wp-content\/uploads\/2026\/10\/IMG_6920_40a21b.jpeg\" data-attachment-id=\"15379061\" \/>David Jolly on stage in July near Delray Beach (Steve Bousquet\/Sun Sentinel)<\/p>\n<p>Speaking to hundreds of supporters <a href=\"https:\/\/www.sun-sentinel.com\/2026\/07\/18\/an-evolving-david-jolly-on-stage-in-delray-steve-bousquet\/\" rel=\"nofollow noopener\" target=\"_blank\">in Delray Beach in July<\/a>, Jolly, a man of deep faith, answered \u201cI don\u2019t know\u201d when asked if he would sign a death warrant as governor.<\/p>\n<p>His answer was imprecise. It also resonated with candor. The crowd broke into applause.<\/p>\n<p>To be clear: Jolly\u2019s response wasn\u2019t about a belief in death as an appropriate means of punishment. It was about doubt in Florida\u2019s broken process. Just one recent example comes to mind: In July, the state executed James Duckett despite the fact that there was evidence that could have been tested for DNA using modern methods, which might have proved the former Mascotte police officer was innocent of the killing of Teresa Mae McAbee in 1987.<\/p>\n<p>Not every case deserves that kind of last-minute intervention, but in Duckett\u2019s case nearly every shred of evidence presented at his original trial has been disproven or debunked.<\/p>\n<p>\u201cI have grave reservations about the fidelity of the criminal justice system to produce results that provide sufficient confidence to sign a death warrant,\u201d Jolly said that night. Cases like Duckett\u2019s demonstrate why that uncertainty is justified.<\/p>\n<p>Florida ranks No. 2<\/p>\n<p>In California, Gov. Gavin Newsom has said he might spare the lives of all 563 death-sentenced prisoners before he leaves office in January. He declared a moratorium long ago and dismantled the state\u2019s death chamber. California has not held an execution in 20 years.<\/p>\n<p>That would never happen in Florida if Donalds wins, he has said. \u201cFlorida is not California,\u201d <a href=\"https:\/\/floridatrib.org\/2026\/10\/21\/on-the-ballot-will-florida-remain-the-nations-death-penalty-capital\/\" rel=\"nofollow noopener\" target=\"_blank\">he told Florida Trib<\/a>.<\/p>\n<p>Florida has the nation\u2019s second-largest death row population, with 233. Gov. Ron DeSantis, persisting in a recent pace of two executions a month, has scheduled two more in November.<\/p>\n<p>It is too easy for headline-hunting prosecutors to secure death sentences. By allowing as few as eight of 12 jurors to recommend it in Florida, the Legislature created the nation\u2019s easiest path to execution.<\/p>\n<p>No governor has commuted a death sentence since Gov. Bob Graham in 1983. A pending appeal claims that DeSantis\u2019 refusal to grant clemency in any murder case means that the entire clemency process, as mandated by both the Florida Constitution and by law, \u201cis just a facade.\u201d<\/p>\n<p>One hundred prisoners have been on death row for 30 years or more, including 24 for more than 40 years and three for more than 50.<\/p>\n<p>Eight are at least 80 years old, including the<a href=\"https:\/\/www.sun-sentinel.com\/2026\/04\/27\/convicted-broward-killer-has-spent-a-lifetime-on-floridas-death-row\/\" rel=\"nofollow noopener\" target=\"_blank\">\u00a0longest-serving death row inmate<\/a> from South Florida, James Franklin Rose, 80, from Pompano Beach.<\/p>\n<p>Rose has been awaiting death since 1977 for the kidnap and murder of Lisa Berry, the 8-year-old daughter of his former girlfriend.<\/p>\n<p>Florida judges, lawmakers and governors perpetuate the patently unreliable assumption that jurors never make mistakes.<\/p>\n<p>The exonerations of 30 formerly death-sentenced Florida inmates, the most of any state, clearly refutes that. The late Justice Gerald Kogan said he believed the Supreme Court allowed three innocent people to be executed; he refused to identify them.<\/p>\n<p>An enthusiastic executioner<\/p>\n<p>DeSantis is Florida\u2019s most enthusiastic executioner, having put 46 men to death.<\/p>\n<p>State archives show that Gov. Albert Gilchrist ordered 43 executions from 1909 to 1912. Spessard Holland, who served from 1941 to 1945, holds the modern record of 35.<\/p>\n<p>But Holland also commuted death sentences to life in prison, as did seven of his successors. For clemency to fall into permanent disuse, as it has, wipes out the last fail-safe.<\/p>\n<p>Sentencing judges must explain at length how they decide between life or death, and governors should have to as well.<\/p>\n<p>Whether it\u2019s Jolly or Donalds, the next governor will face an issue that death row lawyers raise in every last-ditch Florida appeal: Is lethal injection really swift and merciful? Tennessee\u2019s recently botched execution, where Christa Pike survived two doses of poison, is just one example of the physical and mental torture that modern \u201cscientific\u201d means of execution involve. It was the second time this year that prison officials mangled a prisoner trying to find a suitable vein. Gov. Bill Lee has put a hold on executions for now.<\/p>\n<p>Putting people to death, however efficiently it is done, is not something a modern civilization should do. No one pretends any longer that it is a deterrent or anything other than an outlet for vengeance. It also is far costlier throughout the process than life in prison, and it is vulnerable to fatal mistakes that cannot be undone.<\/p>\n<p>Alabama is the only other state that allows an execution without a unanimous jury vote, and it requires at least 10 of 12 jurors to concur. Gov. Kay Ivey recently <a href=\"https:\/\/alabamareflector.com\/2026\/10\/20\/gov-kay-ivey-commutes-death-sentence-of-toforest-johnson\/\" rel=\"nofollow noopener\" target=\"_blank\">issued her third commutation<\/a>, citing \u201cnot enough direct evidence to carry out the most serious punishment.\u201d<\/p>\n<p>The man whose life she spared had been condemned on the questionable testimony of one informant who claimed she had heard him confess, and who earned a $5,000 reward.<\/p>\n<p>The Orlando Sentinel Editorial Board includes Executive Editor Roger Simmons, Opinion Editor Krys Fluker and Viewpoints Editor Jay Reddick. The Sun Sentinel Editorial Board consists of Executive Editor Gretchen Day-Bryant, Editorial Page Editor Steve Bousquet, Deputy Editorial Page Editor Dan Sweeney and editorial writers Pat Beall and Martin Dyckman. Send letters to insight@orlandosentinel.com.<\/p>\n","protected":false},"excerpt":{"rendered":"The next governor of Florida will inherit the nation\u2019s second-largest death row population \u2014 and with it, a&hellip;\n","protected":false},"author":2,"featured_media":441517,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11],"tags":[2853,482,139,141,140,109,76410],"class_list":["post-441516","post","type-post","status-publish","format-standard","has-post-thumbnail","category-orlando","tag-editorials","tag-opinion","tag-orlando","tag-orlando-headlines","tag-orlando-news","tag-social","tag-social-opinion"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/posts\/441516","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/comments?post=441516"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/posts\/441516\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/media\/441517"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/media?parent=441516"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/categories?post=441516"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/tags?post=441516"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}