A Florida judge has denied a motion to block the execution of James Ford, a 64-year-old inmate scheduled to be put to death on February 13th for the 1997 murders of a couple. Ford’s attorneys argued that his execution should be halted because he possessed the mental and developmental age of a 14-year-old at the time of the crimes.
Ford was convicted and sentenced to death in 1999 for the murders of Greg and Kimberly Malnory at a Charlotte County sod farm where he worked with Greg Malnory. His attorneys cited a 2005 U.S. Supreme Court decision that prohibits executing individuals under the age of 18, arguing that the protection should extend to Ford due to his developmental age.
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However, Circuit Judge Lisa Porter rejected this argument, deeming it “untimely, procedurally barred and without merit.” Porter noted that the judge in Ford’s 1999 trial had acknowledged Ford’s developmental age of 14 in the sentencing order. She concluded that this was not “newly discovered” evidence and did not warrant halting the execution.
Furthermore, Porter emphasized that Ford has never been diagnosed with intellectual disability, a condition that would preclude execution under Supreme Court precedent. She also pointed out the lack of supporting case law for the argument that the death penalty is unconstitutional for individuals with a mental and developmental age of less than 18.
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This ruling marks a significant setback for Ford’s defense team as they seek to prevent his execution. Governor Ron DeSantis signed Ford’s death warrant on January 10th, making him the first inmate scheduled for execution in Florida this year. Ford’s attorneys are expected to continue their legal challenges in the coming weeks.
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