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MARKEITH LOYD,
Defendant.
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COMES NOW the Defendant, MARKEITH LOYD, by and through undersigned counsel, and
files this Motion and Notice that he intends to list State Attorney Aramis Ayala as a defense
penalty phase witness and to have her testify in the event that Mr. Loyd is convicted of a capital
offense in either of the above listed cases, and as grounds in support of this motion states the
following:
1. The Defendant is charged with the killing of Sade Dixon and her unborn child as well as
2. Should the Defendant be convicted of either of theses charges, then the jury that heard the
evidence at trial and determined that the Defendant was guilty must then decide whether
the Defendant should spend his natural life in prison or be executed by lethal injection.
3. The jury is mandatorily guided by Florida Statute 921.141 and jury instructions that were
implemented in May of 2018 by the Florida Supreme Court. In order for the Defendant to
receive a death sentence, all twelve jurors must unanimously find that:
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a. The State of Florida has established beyond a reasonable doubt that at least one
aggravating factor has been proven. If they do not find this then the Defendant will be
b. The State of Florida has established beyond a reasonable doubt that the aggravating
factors are sufficient to warrant a possible death sentence. If they do not find this then
the Defendant will be sentenced to life in prison without the possibility of parole
4. If sufficiency is found unanimously by the jury, then the jury considers mitigation. This is
determined by the greater weight of the evidence. It is an individual process. The law
contemplates that different factors or circumstances may be given different weight or value
by different jurors. Each individual juror must decide what weight is to be given to a
c. Individual jurors decide whether mitigation is established by the greater weight of the
evidence.
d. The jury then determines unanimously whether the aggravating factors that were
e. Regardless of the results of each juror’s individual weighing process, even if a juror
finds the aggravating factors outweigh the mitigating factors, the law neither compels
nor requires them to determine that the defendant should be sentenced to death.
f. Finally, if the jury unanimously finds that the aggravating factors that were proven
they must unanimously find that the Defendant should be sentenced to death.
5. In deciding whether to consider death as an option, the jury is guided through both the
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presentation of aggravating factors and mitigating circumstances. The aggravating factors
are limited by Florida Statute. Mitigation is anything that warrants a sentence less then
death. This includes anything related to the circumstance of the offense and any other
6. The current Florida Jury Instructions implemented by the Florida Supreme Court in May
7. In Lockett v. Ohio, 438 U.S. 586 (1978), Chief Justice Burger writing for the plurality,
stated: “We conclude that the Eighth and Fourteenth Amendments require that the
defendant’s character or record and any of the circumstances of the offense that the
8. On November 8, 2016 Aramis Ayala was elected State Attorney in the Ninth Judicial
Circuit.
9. On February 15, 2017 Ayala sought and received grand jury indictments against Mr. Loyd
in the above listed cases for the killings of Clayton, Dixon and her unborn fetus. Preceding
the indictment both Ayala and her assistants met with police and carefully examined the
investigation and circumstances of both cases. They carefully prepared the evidence to be
presented to the grand jury. They scrutinized every aspect available to them looking at the
events that transpired, including the fact that a firearm purportedly belonging to Sade
Dixon was recovered at the scene. They examined and discussed policy and procedure
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issues relevant to the Clayton shooting which occurred outside a busy front entry area of
Walmart. They were made aware of the text messages that occurred between Dixon and
the Defendant that supported a domestic ongoing disagreement including statements made
by Dixon relevant to the unborn child. They were provided and viewed video footage of
10. After obtaining the Indictments, State Attorney Ayala carefully scrutinized the facts of
both cases through an “evidence based” analysis. The factors she considered included but
11. Ayala’s testimony as to the why and how she reached her conclusion regarding the
circumstance of the offense is relevant testimony for the jury to consider in determining
the existence of particular mitigating circumstances and the weight each individual juror
decides to give it (if they believe it has been proven by the greater weight of the evidence).
12. Ayala’s testimony is significant in that as the sitting and elected State Attorney, she
determined that despite the interpretation that these crimes were “brutal”, the brutality was
nevertheless outweighed by mitigating factors that guided her to a decision not to seek
death.
WHEREFORE, Mr. Loyd respectfully gives notice that he intends to list State Attorney
Ayala as a penalty phase witness and, if necessary, compel her mitigation testimony on his behalf.
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing motion was served via
Efiling notification on the Office of the State Attorney on this 6th day of September, 2018.