Prosecutor, citing law that took effect Oct. 1, will seek death penalty in child sex case

TAVARES — For the first time since Florida law changed on Oct. 1, the State Attorney’s Office for the 5th Judicial Circuit has announced that it is seeking the death penalty for a man indicted Wednesday on nine counts of sexually abusing a child younger than 12.

Lake County Sheriff Peyton Grinnell heartily approved the decision to pursue capital punishment for Joseph A. Giampa, 36, of Leesburg, who was arrested on Nov. 2.

“In my 30 years of law enforcement, this is one of the worst cases of abuse to a child I’ve ever seen. The state attorney has my full support in seeking the death penalty for this monster,” Grinnell said.

5th Judicial Circuit State Attorney Bill Gladson told the Daily Commercial that this is the first time his five-county office is seeking the death penalty for sexual abuse of a child. The office covers Lake, Marion, Sumter, Citrus and Hernando counties. Until this law was enacted, capital punishment was an option only in certain first-degree murder cases.

“The decision to pursue the highest penalty reflects the gravity of the charges and the State Attorney’s Office dedication to holding criminals accountable for their actions,” he said in a press release.

Gov. Ron DeSantis signed the bill into law on May 1. On April 20, he signed the bill allowing a jury to recommend the death penalty 8-4 instead of unanimously.

The law is sure to be challenged. The American Bar Association on its website cited the 2008 Supreme Court case of Kennedy v. Louisiana, which holds that the Eighth Amendment of the Constitution prohibits the death penalty for the rape of a child.

The association said social workers and advocacy groups filed a friend of the court brief claiming that “the death penalty may exacerbate the problem of under-reported sexual abuse [and] the lengthy death penalty appeals process would force the child to relive and retell the traumatic events they experienced.”

The association also has emphasized that death penalty recommendations should be unanimous.

Details in the probable cause affidavit against Giampa allege that the abuse was captured on video on a laptop. The document does not list the victim’s age or her relationship to Giampa. It says he forced her to remove clothing and then made her get dressed in a white dress, tube socks and “bunny ears.”

“While the juvenile victim was getting dressed the male set the camera down … and walked in front of the camera. At this time, I was able to positively identify the male in the video as Joseph Giampa,” the arrest affidavit says.

The abuse then continued in the video. The indictment says the crimes were committed between July 1, 2022 and Sept. 30, 2023. The reports are redacted, so it is not clear who notified authorities.

The indictment charges the defendant with six counts of sexual battery of a child younger than 12 and three counts of promoting a sexual performance by a child.

Included in the court paperwork is the state’s notice to seek the death penalty. It notes several aggravating factors that, according to the state law, can be considered by the judge and jury when deciding punishment.

“… the defendant was previously convicted of another capital felony or of a felony involving the use or threat of violence to the person; it was committed for financial gain; it was especially heinous, atrocious or cruel; and the victim was particularly vulnerable due to age or disability….,” the court filing says.

This article originally appeared on Ocala Star-Banner: Citing new law, state seeks death in child sexual abuse case