Judge declares mistrial in resentencing trial for convicted Florida killer after juror speaks about case

ORANGE COUNTY, Fla. - A mistrial has been declared in the re-sentencing trial for convicted murderer Bessman Okafor, the State Attorney’s Office confirmed.

Okafor was convicted of killing 19-year-old Alex Zaldivar, who was scheduled to serve as a witness in Okafor’s home invasion trial in 2012. 

He was previously sentenced to death with a vote of 11-1, but it was overturned by the Florida Supreme Court because the vote wasn’t unanimous. 

This year, Governor Ron DeSantis created a new law that eliminated the need for a unanimous vote. In this case, the resentencing trial was to be carried with the new rule, which requires an 8-4 vote.

According to the Orange County Clerk’s Office, a juror was dismissed and is being charged with Indirect Contempt of Court. Rafael Zaldivar, the victim’s father, said the juror in question admitted to having a conversation with a friend about the case, which is in direct violation of court orders. 

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The juror was dismissed, and because the alternates had been relieved he said, there was no path to continue. Rafael learned of the mistrial after he’d left the courtroom for the day. "I was livid," he said. "I was emotionally drained." 

The trial will be rescheduled, with a new panel of jurors. 

The timeline for the restart is unknown. Rafael said he’s pushing to have it start by early 2024. He said the continuous delays have not distracted him from his ultimate goal. "My job is to make sure that we put him back in a six by nine box, whether they execute him or not [doesn’t matter], but I want him in that box." 

The cause of the mistrial is still under investigation according to the State Attorney’s Office.