First a question. Has this prosecutor overstepped the bounds of her office? If she has not then the subject of debate is whether deciding such matters on a universal basis rather than case by case is the right thing to do. I myself feel that it is not, that Ayala is placing her own opinions and sensitivities above the law. Florida has a death penalty and even though that penalty is under judicial review it is still the law of the land. In some cases a prosecutor may think it uncalled for, in others he or she may think it appropriate but to decide in advance that the penalty will not be sought in any and all cases that fall under your purview is in effect to change the law yourself and abolish the death penalty in your district. That can’t be right.
As I see it, the people of the state of Florida want the death penalty to be an option in general, and in particular in the cop-killing case you mentioned. The prosecutor has decided that she will not pursue the DP no matter what. I believe she waffled on the subject during her election campaign, therefore to some degree she was elected under false pretenses.
The governor is acting more in accordance with the will of the people of Florida, by removing her from DP-possible cases. I don’t know the law, but I suspect both the governor and the prosecutor are acting within their discretion as elected officials. Morally, the governor is in the right and the prosecutor is wrong.
Hopefully this can be resolved by the prosecutor resigning, or getting kicked out in the next election, and being replaced by someone who will act in accordance with the will of the people of Florida.