Juror jailed for violating court rules in death penalty resentencing trial after chat about case leads to mistrial

Bessman Okafor, left, was convicted of the 2012 murder of Alex Zaldivar, 19, in Ocoee, Florida. A jury sentenced him to death, but the Florida Supreme Court overturned it because it was not unanimous. In a resentencing trial, a juror allegedly talked to a friend who knew about the case, leading to a mistrial. The juror was charged with indirect contempt of court on Thursday, Oct. 25, 2023. (Okafor: Florida Department of Corrections; Zaldivar photo via his obituary)

A juror in a Florida death penalty resentencing trial spent the night in jail after she allegedly violated court rules, which led to a mistrial.

The resentencing trial was for convicted murderer Bessman Okafor, 38, who killed Alex Zaldivar in September 2012 in Ocoee, a suburb of Orlando. Zaldivar was set to testify against Okafor in a separate case that led to an execution-style killing during a home invasion. A jury convicted Okafor three years later and sentenced him to death, but the sentence was overturned because the verdict was not unanimous.

In April, Florida Gov. Ron DeSantis signed a bill into law that only requires eight of the 12 jurors to approve a death penalty, so Okafor’s case began a resentencing trial on Oct. 13. Jurors began their deliberations after closing arguments.

According to ABC affiliate WFTV, the juror told the judge she spoke about the case to a friend who knew the victim. The judge charged the juror with indirect contempt of court, records show. Prosecutors and Okafor’s defense attorney filed a joint motion to dismiss the juror, which was granted. The judge then granted the defense attorney’s motion for dismissal.

“The court hereby orders that the defendant remain held at the Orange County Jail pending further order of the court,” minutes on the clerk of court’s case file said.

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