More than four years after UCF graduate and Orlando police Lt. Debra Clayton was killed in the line of duty, the man accused of causing her death is now on trial for murder.
The jury selection phase of alleged cop-killer Markeith Loyd’s murder trial has been underway in the Orange County courthouse over the last several days.
In 2017, Loyd was accused of murdering his pregnant girlfriend and Orlando Police Lt. Debra Clayton. Loyd was already convicted and sentenced to life in prison without the possibility of parole for the murder of his pregnant girlfriend.
This case came under intense media attention after former State Attorney Aramis Ayala announced she would not pursue the death penalty in this case or and other cases eligible for capital punishment. Consequently, former Governor Rick Scott removed the Ninth Circuit State Attorney’s office from this case and others. Ayala challenged this move by the former governor but she did not prevail at the Florida Supreme Court.
In the event Loyd is found guilty for the capital offense, the court will transition to a penalty phase. In Florida, a jury must unanimously conclude that the death penalty is appropriate for a judge to sustain a sentence for death. Fla. Stat. Sect. 921.141 (2021).
Prospective jurors were questioned during a process known as voir dire about their position regarding the death penalty. For instance, the prosecutor asked a prospective juror where they would fall on a scale of 1-10 in their belief that regardless of mitigating or aggravating factors, anyone convicted of First Degree Murder deserves the death penalty. The prospective juror answered 5. Quite a few prospective jurors maintained neutral positions on this subject. These individuals answering that they could weigh the aggravating and mitigating factors in the penalty phase.
Judge Leticia Marques noted that questions surrounding the death penalty are sometimes calling for responses that the prospective jurors might not know because they haven’t been presented the evidence at this stage. Instead, the lawyers are simply attempting to determine whether or not anyone is fervently opposed to the death penalty or presumes that Loyd deserves the death penalty.
Additionally, Judge Marques addressed work-conflicts with some prospective jurors. The judge asked whether or not serving on the jury would prevent a prospective juror from paying their bills.
For jurors who are not compensated by their employer during their jury service, this is a sincere concern. Compensation for serving on a jury in the Ninth Judicial Circuit is $15 per day for the first three days and $30 dollars per day thereafter. It is worth noting that employed and paid individuals will not receive compensation for the first three days of service.
Lastly, Judge Marques briefly explained the insanity defense notion to the jury. It is expected for Loyd to present an insanity defense where Loyd must prove by clear and convincing evidence that his mental state or condition caused him to unknowingly commit a crime. Subsequently, prospective jurors were questioned on this topic.
See earlier video coverage from a pretrial hearing, where Loyd’s attorney made arguments and previewed the defense strategy:
