Miami – Florida is moving forward with the execution of Mark Gerald on Dec. 5, 2025, despite major concerns about missing evidence, inadequate defense, and unaddressed mental health issues.
Gerald, one of several people sentenced to death row this year, waived his remaining appeals after his death warrant was signed. According to Floridians for Alternatives to the Death Penalty (FADP), the court ruled the waiver was voluntary, but the group argues Gerald was diagnosed with bipolar disorder “decades ago” and never received follow-up psychiatric care.
Gerald’s defense team also allegedly failed to meet basic legal standards. According to FADP, counsel “called no witnesses, offered no experts, mounted no forensic rebuttal, did not challenge the State’s presumptive blood tests, failed to present Mark’s mental-health history, did not contradict the State’s theory of how he came to possess the jewelry, offered no alternative-suspect evidence, did not investigate or litigate DNA testing, and allowed biased jurors and improper prosecutorial arguments to stand unchallenged.”
Similar circumstances have occurred in other Florida death penalty cases. James Barnes, executed in 2023, “represented himself, refused mitigation, and asked for death — a decision rooted in a profound belief that his life held no value.”
Another example is Norman Grim, who “waived his final appeals after years without state court counsel and decades of trauma that eroded any remaining sense of worth,” according to the FADP, after his execution date was set for Oct. 28, 2025.
The organization also raised alarms about gaps in forensic evidence in Gerald’s case. Blood, fingerprints and hair collected at the crime scene did not match Gerald, despite evidence of a violent struggle and movement of objects in multiple rooms.
The FADP says the most critical detail was that “the bloody handkerchief found inside the home matched neither the victim’s nor Mr. Gerald’s blood type.” No DNA testing was ever performed.
Many individuals who waive appeals or express willingness to accept execution have not undergone mental health evaluations, despite indications of trauma, illness or impaired decision-making. Advocates say Florida courts rarely ask why a person would choose death. “Instead, the state accepted the waiver as the path of least resistance and moved forward at full speed,” the FADP notes.
As a result, courts are closing cases without forensic analysis, proper investigation or expert testimony, raising serious questions about whether the justice system is identifying the right suspect — or executing individuals who may need treatment, not punishment.
The case underscores ongoing criticism of Florida’s capital punishment system and growing concern that speed, not accuracy, is driving executions.
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