A Charlotte County judge on Thursday denied an attempt to halt the upcoming execution of James Ford, rejecting arguments from his attorneys that his mental and developmental age at the time of the 1997 murders was equivalent to that of a 14-year-old.
Circuit Judge Lisa Porter, in a 22-page ruling, determined that Ford’s legal team failed to present new evidence warranting a stay of execution. The ruling paves the way for Ford’s scheduled execution on February 13, 2025, following the signing of his death warrant by Governor Ron DeSantis earlier this month.
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Ford, now 64, was convicted of the brutal 1997 murders of Greg and Kimberly Malnory at a sod farm in Charlotte County, where he and Greg Malnory worked. The couple was found slain, with Greg Malnory shot in the head, beaten, and his throat slit, while Kimberly Malnory was raped, beaten, and shot. Their 22-month-old daughter was left in a car seat in the couple’s truck for more than 18 hours before she was found.
Ford’s attorneys had argued that his mental and developmental age at the time of the crimes should render his execution unconstitutional under a 2005 U.S. Supreme Court ruling, which prohibits capital punishment for individuals under the age of 18.
“The class of offenders subject to the death penalty should be narrowed again to preclude the execution of individuals with a mental and developmental age less than 18,” Ford’s defense team argued in their motion seeking a stay of execution.
However, Judge Porter sided with the Florida Attorney General’s Office, ruling that the defense’s argument was “untimely, procedurally barred, and without merit.”
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Porter noted that Ford’s 1999 sentencing order already established that his developmental age was that of a 14-year-old, an undisputed fact that has been recognized for decades and does not constitute newly discovered evidence.
“The argument that the death penalty is unconstitutional as applied to persons with a mental and developmental age of less than 18 is a legal issue, not a factual issue, for which the defendant has provided no supporting case law,” Porter wrote in her decision.
Judge Porter also highlighted that Ford has never been diagnosed as intellectually disabled, a crucial factor that could otherwise prevent his execution under Supreme Court precedent. The U.S. Constitution’s Eighth Amendment prohibits executing individuals who are intellectually disabled.
Despite multiple appeals over the years, Ford’s legal efforts to overturn his conviction and death sentence have been repeatedly rejected by both state and federal courts.
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If the execution proceeds as scheduled, Ford will be the first person executed in Florida in 2025, following a single execution in 2024.
The murders of the Malnorys shocked the local community. According to previous court rulings, Ford had arranged a fishing trip with the couple at the remote sod farm on the morning of April 6, 1997. The following day, a co-worker stumbled upon what a Florida Supreme Court opinion described as a “gruesome discovery” at the crime scene.
Ford was sentenced to death on two counts of first-degree murder, and his conviction has stood despite repeated legal challenges.
Governor Ron DeSantis has consistently supported Florida’s use of the death penalty, arguing that justice must be served for the victims and their families. In recent years, Florida has ramped up executions following legal challenges that previously delayed the practice.
Ford’s legal team is expected to pursue additional appeals in an effort to delay or prevent his execution. However, legal experts suggest that his chances of success remain slim given the extensive history of failed appeals in his case.
The Florida Department of Corrections has confirmed that preparations for Ford’s execution are underway at Florida State Prison, where he has been on death row for more than two decades.
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