Death penalty on the table for Matthew Terry after acting Hillsborough state attorney questioned under oath

Acting Hillsborough State Attorney Suzy Lopez took the stand Friday to defend her decision to seek the death penalty in the case of accused murderer Matthew Terry

After hearing hours of arguments Tampa judge Michael Williams dropped a bombshell ruling Friday morning.

"I’m going to deny the motion to quash Ms. Lopez. I will hear from her first," Williams stated.

That ruling meant newly appointed Hillsborough State Attorney Suzy Lopez was in the hot seat answering questions on the witness stand.

The Hillsborough public defender’s office is accusing Lopez of playing politics with the life of their client Matthew Terry.

Terry is accused of stabbing his girlfriend, Kay Baker, to death during an argument in May.

Acting Hillsborough County State Attorney Suzy Lopez takes the stand ahead to defend her decision to seek the death penalty in the case of accused murderer Michael Terry.

Acting Hillsborough County State Attorney Suzy Lopez takes the stand ahead to defend her decision to seek the death penalty in the case of accused murderer Matthew Terry. 

The defense wants Lopez to explain why she decided to pursue a death sentence in the Terry case just 24 hours after she was appointed by Governor Ron DeSantis.  

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Lopez defended her decision. She explained she was shown an 81-page PowerPoint presentation by lead prosecutor Justin Diaz.

"It was after I reviewed Mr. Diaz's thorough PowerPoint and had a discussion with the homicide committee that I made my decision," explained Lopez.

Michael Terry in a jumpsuit in court.

Accused murderer Matthew Terry could be sentenced to death is he's found guilty of murdering his girlfriend following a fight. 

Lopez testified she was made aware of the Terry case the first day she took office and immediately reviewed the case with her homicide team.

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She said Terry's action were cruel and heinous.

"Miss Baker was nearly decapitated with a knife that Mr. Terry plunged into her throat," she recalled.

Terry, who is set to go to trial at the end of the month, thought he was off the hook on a death sentence after Hillsborough State Attorney Andrew Warren declined to seek it.

But then, on August 4, the governor suspended Warren, for not following the law and refusing to prosecute cases involving abortion and transgender health care. 

Warren is now suing in Federal court to get his job back.

READ: Warren v. DeSantis: Trial date set for suspended Hillsborough state attorney's lawsuit against Fla. governor

The governor appointed Lopez as the new state attorney. The very next day Lopez filed her intent to seek the death penalty in the Terry case, just under the 45-day deadline.

Hillsborough public defender Jamie Kane accused Lopez of trying to score political points.

"Democratic state attorney makes one decision and 24 hours later a Republican state attorney makes a different decision and we’re going to say that it’s not political? How is that possible? When according to Ms. Lopez the facts haven’t changed the only fact that changes in the case is the person making this decision," argued Kane.

Suzy Lopez being sworn in ahead of testifies about her decision to seek the death penalty in the Michael Terry case.

The Hillsborough public defender’s office is accusing Lopez of playing politics with the life of their client Matthew Terry.

During Kane's questioning of Lopez, he asked if she had done her own research on the Terry case before she decided to seek death.

"No, sir," replied Lopez.

Kane pressed Lopez on whether she was offered any promises or favors by the governor or his staff if Warren would be re-instated as state attorney, but prosecutors objected to the questions and the judge agreed it was irrelevant to the Terry case.

Later, Hillsborough state prosecutor Jay Pruner asked Lopez if she was pressured by the governor or any source to seek the death penalty in the Terry case.

RELATED: Who is Susan Lopez? Ron DeSantis appoints acting Hillsborough State Attorney after suspending Andrew Warren

"No, sir," replied Lopez.

Judge Williams believed Lopez and said the defense failed to meet its burden. 

Williams ruled the death penalty will remain in the Terry case.

The trial is set to begin on October 31, 2022.