Attorneys for death row inmate James Ford are arguing that executing him for the 1997 murders of a couple in Charlotte County would be unconstitutional due to his “mental impairments.” In a 76-page brief filed with the Florida Supreme Court on Wednesday, Ford’s legal team is seeking to prevent his scheduled execution on February 13th.
The brief argues that Ford, 36 at the time of the murders, had the mental and developmental age of a 14-year-old and has been diagnosed with autism spectrum disorder.
They draw a parallel to the 2005 U.S. Supreme Court decision in Roper v. Simmons, which prohibited executing individuals under 18, citing the Eighth Amendment’s ban on cruel and unusual punishment.
READ: Life Sentence For Man In 2023 Tampa Shooting Death
“Although Ford’s chronological age is above 18, his mental impairments render his functioning less than an adult, and he should therefore be provided special protection against the death penalty in the same way that individuals under age 18 are pursuant to Roper v. Simmons,” the brief states. “At the time of the offense for which Ford has been convicted and sentenced to death, his mental and developmental age was closer to that of a 14-year-old than a 36-year-old.”
This filing follows a recent ruling by Charlotte County Circuit Judge Lisa Porter, who rejected these arguments, deeming Ford’s claim “untimely, procedurally barred and without merit.” Porter cited a 1999 trial court finding that Ford’s developmental age was 14 and noted that Ford has never been diagnosed as intellectually disabled, a separate legal bar to execution.
READ :Death Row Inmate Appeals To Florida Supreme Court To Halt Execution
Ford’s attorneys challenge Porter’s conclusions, referencing a new mental evaluation. They have requested the Supreme Court stay the execution and remand the case to circuit court for an evidentiary hearing. “Based on the evolving standards of decency that mark the progress of a maturing society, it would be a violation of the Eighth Amendment to execute Ford considering his mental impairments,” the brief argues.
Governor Ron DeSantis issued a death warrant for Ford on January 10th. Ford was convicted of the murders of Greg and Kimberly Malnory at a Charlotte County sod farm. The details of the crime, as described in court documents, are particularly gruesome. Ford has previously pursued unsuccessful appeals in state and federal courts.
Please make a small donation to the Tampa Free Press to help sustain independent journalism. Your contribution enables us to continue delivering high-quality, local, and national news coverage.
Connect with us: Follow the Tampa Free Press on Facebook and Twitter for breaking news and updates.
Sign up: Subscribe to our free newsletter for a curated selection of top stories delivered straight to your inbox.