Pertinent punishment or political move? Suzy Lopez's motive in death penalty case questioned

On Thursday, acting Hillsborough State attorney Suzy Lopez, sat in the gallery in courtroom 16, as a Tampa judge weighed whether she should take the stand and answer questions about a death penalty case.

In a highly unusual move, the Hillsborough public defender's office wants Lopez to explain, under oath, why she decided to pursue the death penalty in the Matthew Terry murder case just 24 hours after she was appointed by the governor. They hope to show a judge the decision was politically motivated and have the death penalty thrown out in the case.

But Lopez's office is fighting it. Prosecutor Jay Pruner argued those private discussions should remain private.

"They are not subject to disclosure or discovery as they are privileged," Pruner said.

Pruner is asking Judge Michael Williams to quash the subpoena and grant Lopez a protective order.

Suzy Lopez sits inside a Hillsborough County courtroom.

Suzy Lopez sits inside a Hillsborough County courtroom. 

Terry is set to go to trial at the end of the month for the murder of his girlfriend, Kay Baker. 

Terry believed he had dodged the death penalty, however, in August Terry learned the state would be seeking the death penalty in his case.

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

It was a surprising reversal, from a prior decision handed down by Hillsborough State Attorney Andrew Warren, who decided not to pursue a death sentence.

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

He appointed Lopez as the new state attorney.

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

The next day Lopez filed her intent to seek the death penalty in the Terry case, just under the deadline to file.

Accused murder Michael Terry inside a Hillsborough County courtroom.

Accused murder Michael Terry inside a Hillsborough County courtroom. 

She told Fox 13, the victim's family was on board with her decision.

"I spoke to a member of the victim’s family, and they support the decision that I made," stated Lopez.

But Terry's public defender Jamie Kane smells a political motive.

"If she’s positioning herself in a high-profile case, to gain favor or political points, that’s important to know," argued Kane.

Judge Williams will hear more arguments Friday and a ruling could follow.