JACKSONVILLE, Fla. — A judge in the death penalty case of a man accused of murdering his pregnant niece is urging lawyers to pick up the pace on day two of testimony.
Circuit Judge Anthony Salem cautioned prosecutors Friday they are not on track to meet the trial’s anticipated calendar.
“If we’re not done by Tuesday, we’re going to have issues for a third week, and I’m foreseeing having problems,” Salem said after excusing the jury.
This is not the first time Salem has pushed lawyers in the case. Last Friday, he denied a request by Johnathan Quiles’ attorney to delay the trial a week. Defense attorney Robert Davis was in a different trial the week leading up to Quiles' capital case and worried he did not have time to prepare. Assistant State Attorney Dan Skinner didn't object to a delay, saying he wanted to allow the defense time to review the state’s video evidence.
But Salem rejected the delay request, noting the videos were turned over in discovery “four and a half years ago – three-Jaguar-head-coaches ago.
“We’re starting trial next week,” Salem said at the time. “Be prepared.”
Salem also raised timing concerns on Tuesday, the second day of jury selection, flagging “the risk of going into a third week.”
The judge set aside two weeks for the trial but has made clear that meant pushing many of his duties to the week after that.
Prosecutors previously said it was their goal to get through 12-14 witnesses each day and wrap up their case Tuesday afternoon. Davis said his case “will be at most half a day,” meaning closing arguments would begin Wednesday morning.
However, a guilty verdict would require a second, penalty phase during which jurors must determine whether Quiles is sentenced to life or death. Attorneys for both sides say presenting penalty phase testimony will only take a day, but depending on how long jurors deliberate, it could push the case into the following week. In a death case, a jury in the midst of deliberations must be sequestered.
Quiles has pleaded not guilty to raping and murdering his niece, 16-year-old Iyana Sawyer, as well as her unborn child. The Terry Parker High School student disappeared from campus in late 2018. Her body was never found. Prosecutors believe Quiles killed her because she was pregnant with his child.
The case was delayed by COVID and was originally under a different judge. This is Salem's first death penalty trial since being appointed to the 4th Judicial Circuit by Gov. Ron DeSantis in April 2020.
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