Tuesday, June 24, 2008

State urges judge to deny child killer Schwab's motion


The state responded to convicted child killer Mark Dean Schwab's motion to vacate his death sentence by saying it is untimely and contains nothing new.

Judge Charles Holcomb will listen to arguments today in the latest round of filings as Schwab fights to stay alive. He is scheduled to die by lethal injection at
6 p.m. July 1.

On Friday, Schwab's attorneys filed a motion after the court-mandated 1 p.m. deadline arguing that the state's revised execution protocol is not good enough and may cause an inmate pain.

On Monday, the state responded by urging the judge to deny the motion.

"Schwab's motion is not only untimely, but also is procedurally barred," reads the response. "Nothing Schwab has alleged could not have been raised in his prior post-conviction motions."

Schwab's attorneys criticized the Department of Correction's execution methods, citing what they call failed mock executions.

Schwab was convicted and sentenced to death in 1992 for the kidnapping, rape and murder of 11-year-old Junny Rios-Martinez of Cocoa.

Contact Torres at 242-3649 or jtorres@floridatoday.com.


Anonymous said...

Take your medicine like a man or are you a man. I think you are a monster and lethal injection is too easy a death, you should suffer as your victims have suffered.

jim dunn said...

i agree with anonymous.lethal injection is too sweet for a child killer.his addiction should be ended.help him!


jim dunn

Florida Drug Rehab
Florida Drug Rehab/