Florida Attorney General Seeks Death Penalty for Child Sexual Assault Case
Florida Attorney General James Usmayer is requesting the U.S. Supreme Court to reconsider a ruling that found executing child rapists to be unconstitutional. This appeal comes in light of the case against Nathan Holmberg, a 36-year-old accused of assaulting five children under 12 in Hernando County and possibly more statewide.
According to documents, Holmberg allegedly created multiple videos in which he assaulted children, some as young as three years old. The victims were reportedly dressed in clothing featuring popular kids’ themes like Hello Kitty and Jurassic Park.
The state has now announced its intention to pursue the death penalty against Holmberg. Usmayer expressed his strong belief that crimes against children are particularly egregious, stating, “I believe that crimes like this against young children rob them of their innocence and rob them of their childhood.” He emphasized the need for “the ultimate form of justice.”
Usmayer further declared, “So we’re going to do everything we can legally to get him to meet his maker.”
Holmberg was arrested on October 20 after a “Good Samaritan” tipped off the Hernando County Sheriff’s Office about child pornography found on his phone, as stated by Sheriff Al Ninehaus.
According to Rita Peters, a special counsel to the Attorney General with over 25 years of experience in sex crimes, the evidence gathered represents “one of the most heinous investigations” she has encountered.
A grand jury in Hernando has indicted Holmberg on various charges, including seven counts of sexual assault, four counts of lewd and lascivious behavior, as well as additional charges related to promoting sexual activity by minors between December 2024 and his arrest. He is also facing 83 counts of possession of child pornography.
Interestingly, Holmberg has worked as a babysitter, nanny, and employee at the local YMCA, raising concerns about his access to children.
In 2023, Florida enacted legislation allowing the death penalty for individuals accused of sexually assaulting children under 12. This law was established after a 2008 Supreme Court decision that deemed the execution of child rapists unconstitutional unless a murder was involved.
Usmayer has been a strong advocate for stricter penalties for child predators and was involved in lawsuits against the gaming platform Roblox, which has faced backlash from parents for its alleged failure to protect children from predators.
He stated, “We believe that today’s Supreme Court needs to reevaluate and reinterpret the law to allow this form of justice. Here we have a person who raped and sexually abused a 3-year-old and filmed it. The evidence shows hundreds of other files, photos, and videos of child pornography and abusive content. This is not someone who can be rehabilitated; this is someone who needs to face ultimate justice.”
This is not the first instance of Florida expanding its death penalty options. In 2023, Governor Ron DeSantis signed into law a change that allowed death sentences to be issued by an 8-4 supermajority rather than a unanimous jury decision. So far this year, 2025, the governor has planned 18 executions and has executed 15 individuals, surpassing the previous record of eight executions in a single year, set in 1984.
