The Florida Attorney General’s Office on Monday urged the U.S. Supreme Court to reject an appeal by James Ford, a convicted murderer scheduled for execution on Thursday. Ford’s legal team is seeking to halt the execution, arguing that his mental and developmental age at the time of the 1997 murders was equivalent to that of a 14-year-old, a claim the state has dismissed as legally unfounded.
Ford, now 63, was convicted of the brutal murders of Greg and Kimberly Malnory at a Charlotte County sod farm in 1997. Despite being 36 years old at the time of the crimes, his lawyers have drawn parallels to the U.S. Supreme Court’s 2005 decision in Roper v. Simmons, which barred the execution of individuals who were under 18 at the time of their offenses, citing the Eighth Amendment’s prohibition on cruel and unusual punishment.
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In two filings Monday, the Florida Attorney General’s Office argued that Ford’s case does not meet the criteria established in Roper v. Simmons. “Ford cites no case — federal or state — expanding Roper to an individual who was 18 or older at the time of the capital offense,” the state wrote in one of the documents.
The state also emphasized that Ford’s execution should proceed as scheduled, noting that his claims about his developmental age had been thoroughly reviewed and rejected by lower courts. On Friday, the Florida Supreme Court denied Ford’s appeal, clearing the way for his execution unless the U.S. Supreme Court intervenes.
Governor Ron DeSantis signed Ford’s death warrant on January 10, marking the first execution scheduled in Florida this year. Ford’s crimes, described in court documents as exceptionally heinous, shocked the community and left a lasting impact on the victims’ family.
READ: Florida Supreme Court Denies Stay Of Execution For Condemned Murderer James Ford
Ford, who worked with Greg Malnory at the sod farm, had made plans to go fishing with the couple on the day of the murders. The next day, another employee discovered the couple’s bodies. Greg Malnory had been shot in the head, beaten, and had his throat slit, while Kimberly Malnory was raped, beaten, and shot.
The couple’s 22-month-old daughter was found unharmed but left in a car seat in their pickup truck for more than 18 hours after the murders.
The U.S. Supreme Court is expected to rule on Ford’s appeal in the coming days. If the court denies the stay, Ford will be executed by lethal injection on Thursday, February 15, at Florida State Prison.
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