Kaczmar v. Florida
Annotate this CaseKaczmar was convicted for first-degree murder, attempted sexual battery, and arson. Kaczmar had been previously convicted of a robbery. The state presented a victim impact statement from the victim’s brother. The defense presented testimony from Kaczmar’s family and friends, depicting Kaczmar as a good person who had a troubled upbringing. A child psychiatrist, testified that Kaczmar was traumatized by his father’s alcoholism and his own chronic drug abuse, and that although he believed Kaczmar to be competent during trial, he did not think Kaczmar knew what he was doing during the murder and did not know right from wrong. The jury recommended a death sentence. The court found that four aggravating circumstances outweighed 14 mitigation factors and imposed a death sentence . The Supreme Court of Florida affirmed Kaczmar’s convictions, but held that the court erred in finding the crimes were committed in the course of attempted sexual battery aggravators. After remand, Kaczmar waived his right to present mitigation, but agreed to reading to the jury a stipulation regarding his age (24). The jury unanimously recommended the death sentence. The state did not present additional evidence; Kaczmar admitted into evidence the transcripts of testimony from mitigating witnesses who testified during the first penalty proceeding. The Supreme Court of Florida affirmed reimposition of the death penalty, rejecting arguments that the court: erred in assigning great weight to the jury’s recommendation; improperly dismissed juror questions as “not relevant”; and erred in failing to give weight to the mitigating circumstance that Kaczmar was abused. The court also rejected claims that the death sentence was disproportionate; Florida’s death penalty statute is unconstitutional; and the prosecutor engaged in impermissible closing argument.
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