JACKSONVILLE, Fla. – A Duval County judge is furious over a rape and murder case that has taken more than four years to get to trial.
Johnathan Quiles is accused of killing his pregnant niece in 2018. On Wednesday, he had his seventh trial date in the death penalty case and the case is on its third judge.
Judge Anthony Salem, now presiding over the case, is fed up with the delays. He mentioned how a recent change in the death penalty could possibly delay the case even more.
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For four years, Quiles has been sitting in the Duval County Jail. He’s accused of raping, impregnating and killing his niece Iyana Sawyer. On Wednesday in court, he was fidgeting as the judge dug into attorneys on both sides.
“No case, I don’t care what a person is charged with, no case should last four and a half years,” Salem said in court on Wednesday.
Defense attorneys explained that of the 90 witnesses tapped for depositions, they haven’t interviewed 21 of them.
They include OBGYNs, minors, former law enforcement and a jailhouse informant.
Just a week and a half away from the May 1 trial date, defense attorneys said they don’t think they can get to those witnesses by then.
“COVID has gone and evaporated 20 times since then. What would you guys do if you were me? We elected a new president since he’s been in custody,” Salem, who was appointed by Gov. Ron DeSantis in 2019, told the attorneys.
“Judge, these cases, these types of cases are not like other cases,” an attorney responded.
“I’ll stop you there. That is true, no doubt about it. But I reject the premise that cases regardless of the penalty at stake that’s how long they last. I don’t subject to the idea that because it’s a murder charge therefore it has to last two years which is the norm around here, and I get it. That’s a long time to be in custody pleading your innocence. That’s a long time for a victim’s family to go through the criminal justice system,” Salem said.
Part of the prosecutor’s case is to present a jail informant who wore a wire, amend the indictment to add another count of sexual assault and introduce evidence of old social posts and messages from Sawyer.
State prosecutors told the judge both sides are trying to make sure it’s done right.
The judge mentioned there are other pressing matters that have to be addressed as well.
“How can something be pushed if it takes four years to get there?” the judge asked.
“Because judge, in a perfect world this would be our only case,” the prosecutor responded.
“But again that’s a priority that your offices and you guys do as lawyers. You prioritize what you want to make important and that’s how your offices operate, and I don’t question that but I have a job to do as well. You’re talking about a case sitting around for four years. Because currently, and this is something I have to talk with Mr. Quiles about and the defense council, currently the law is 12-0 for the death penalty. If it gets continued, I don’t know what the governor’s going to do. It may be 8-4 and that brings up a whole other issue challenges and defense will make but currently, it’s 12-0. Big difference,” Salem said.
On Thursday, the governor made the change official.
Florida Gov. Ron DeSantis signed a bill Thursday ending a unanimous jury requirement in death penalty sentencing, a response to a verdict that spared the life of a school shooter who killed 17 people.
The new law, which went into effect as soon as the governor signed it, allows capital punishment in Florida with a jury recommendation of at least 8-4 in favor of execution. Only three states out of the 27 that impose the death penalty do not require unanimity. Alabama allows a 10-2 decision, and Missouri and Indiana let a judge decide when there is a divided jury.
Salem set a pre-trial for Friday at 9:30 a.m. As of Thursday, jury selection is still set to begin on May 1.