Cynthia Hurst's Trial Case

On May 2, 1998, Cynthia Harrison’s body was found in a restaurant where she and Defendant Timothy Lee Hurst worked. She was found bound, gagged, and stabbed over 60 times and the restaurant safe was unlocked, open and missing hundreds of dollars. The trial lasted 4 days and the State offered forensic evidence that linked Hurst with Harrison’s murder. The State also had witnesses that testified that Hurst had discussed his plan to rob the restaurant. Hurst and Harrison were the only people scheduled to work at the time of the murder. Hurst used an alibi defense, claiming he never made it to work because his car broke down.

The original trial court was located in Florida, where Hurst was found guilty of first-degree murder. The judge offered the jury two theories for finding Hurst guilty of first-degree murder: “premeditated murder or felony murder for an unlawful killing during a robbery.” The jury recommended the death penalty and the judge agreed with this recommendation. The Florida Supreme Court later vacated Hurst’s sentence for “reasons not relevant to this case.” At Hurst’s resentencing in 2012 the judge instructed the sentencing jury it could recommend the death penalty if it “found at least one aggravating circumstance beyond a reasonable doubt: that the murder was especially

“In Ring, the court concluded that Arizona 's capital sentencing scheme violated Apprendi 's rule because the State allowed a judge to find the facts necessary to sentence a defendant to death.” In Apprendi the Court held that any fact that "expose[s] the defendant to a greater punishment than that authorized by the jury 's guilty verdict" is an "element" that must be submitted to a