Father of murdered man wants State Attorney Aramis Ayala to recuse herself from death penalty cases

The father of a murder victim says he wants State Attorney Aramis Ayala to recuse herself from all death penalty cases, saying it should be up to a jury to decide.

Rafael Zaldivar is the father of Alex Zaldivar. 

The 19-year-old died in 2012, after investigators say Bessman Okafor killed him so he couldn't testify in a home invasion case.

Okafor was sentenced to death, but Zaldivar says a prosecutor told him that the State Attorney's office wouldn't be pursing the death penalty now. 

Zaldivar says State Attorney Ayala should stay out of his son's case and all other death penalty cases. 

"I am politely asking Mrs. Ayala to recuse herself from past, present and future death penalty cases. If she does not, I will ask Governor Rick Scott to appoint a special prosecutor, not only in my son's case, but for every pending case in the ninth district. The state of Florida has a death penalty. If you don't like it, move to Michigan, but in the state of Florida that is the law and she took an oath, and she needs to follow that law." 

Under a new law, jurors must be unanimous in recommending the death penalty. 

In Okafor's case, it was 11 to 1. 

So now, the Florida Supreme Court is considering whether or not he'll get a new death penalty hearing. 

Either way, Zaldivar says he wants Ayala off the case.

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