Schwab's Attorneys File For Stay Of Execution

Lawyers Said Injection Would Cause 'Substantial Risk Of Serious Harm'

TITUSVILLE, Fla. -- The man who would be first to die when Florida resumes prisoner executions has filed new court motions to try to avoid his date with death.

Mark Dean Schwab’s execution is set for July 1.
Schwab tortured and murdered an 11-year old Cocoa boy in 1991.

Friday, just under the deadline, his state-paid attorneys made requests for a stay of execution, or to have the death sentence thrown out altogether.

Schwab’s attorneys said Florida’s lethal injection method would create a substantial risk of serious harm.

A hearing is set for Tuesday in Titusville. The Brevard County State Attorney’s office will argue against the motions.