VOLUSIA COUNTY, Fla. — The resentencing trial for the two men originally sentenced to death in the 2004 murders of six people is on hold after the Fifth District Court of Appeals granted an emergency motion this morning.
>>> STREAM CHANNEL 9 EYEWITNESS NEWS LIVE <<<
Florida’s new death penalty law has created several issues in this case.
Jerone Hunter and Troy Victorino were sentenced to be put to death in 2006, but that sentence was overturned in 2017 because the jury’s vote was not unanimous.
Last week, the state’s death penalty law changed. It now says only eight jurors are required to recommend death.
READ: Men convicted in 2004 Xbox murders case return to court Tuesday for death penalty resentencing
At the beginning of the trial, the judge ruled against a prosecution motion to use the new rule because the hearing process started before that law took effect.
Attorneys and the attorney general argue since the jury had not yet been sworn in, the trial should either proceed under the new law, or stop until a decision can be reached.
The Fifth District Court of Appeals granted the state’s request, meaning the hearing can’t continue.
READ: Bear seen roaming Orlando neighborhoods hit, killed by car
Judge Randell Rowe has concerns about how long the process will take and what that could mean for the jury.
“I suspect 15 jurors are going to want to know how long their lives are going to be put on hold for this matter,” he said.
LIVE UPDATES: Most of Central Florida is under a severe thunderstorm watch until 10 p.m.
It’s not clear how soon the District Court of Appeals in Daytona Beach will rule on the issue.
After reading the statement to the jury, the judge sent them home and instructed them not to discuss or research the case.
Click here to download the free WFTV news and weather apps, click here to download the WFTV Now app for your smart TV and click here to stream Channel 9 Eyewitness News live.
©2023 Cox Media Group
