FL - Mark Schwab facing execution for the '91 murder of Junny Rios-Martinez
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englishleigh
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Good, b/c death is what John Couey deserves and I hope he will get, too!!!!
RiverRat
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Florida court will not halt execution
TALLAHASSEE -- With two justices dissenting, the Florida Supreme Court on Wednesday refused to stop the execution of a Florida prisoner next week, although the use of lethal injection remains under a legal cloud with a case pending in the U.S. Supreme Court.
After upholding the state's use of lethal injection in a unanimous opinion last week, the state's highest court on Wednesday rejected Mark Schwab's request for a stay of his Nov. 15 execution. The court also dismissed pleas from Schwab and Ian Lightbourne, another death row inmate, to rehear last week's decision.
In rejecting Schwab's stay, the court did not issue an opinion, although Justice Barbara Pariente wrote a concurring opinion suggesting that Schwab, convicted for the 1991 killing of an 11-year-old boy in Brevard County, seek relief from the U.S. Supreme Court.
"It should be that court's decision to determine whether it intends a de facto moratorium on the death penalty and whether the issues it is presently reviewing regarding lethal injection justify a stay of Schwab's execution," Pariente wrote.
http://www.heraldtribune.com/article/20071108/NEWS/711080386
TALLAHASSEE -- With two justices dissenting, the Florida Supreme Court on Wednesday refused to stop the execution of a Florida prisoner next week, although the use of lethal injection remains under a legal cloud with a case pending in the U.S. Supreme Court.
After upholding the state's use of lethal injection in a unanimous opinion last week, the state's highest court on Wednesday rejected Mark Schwab's request for a stay of his Nov. 15 execution. The court also dismissed pleas from Schwab and Ian Lightbourne, another death row inmate, to rehear last week's decision.
In rejecting Schwab's stay, the court did not issue an opinion, although Justice Barbara Pariente wrote a concurring opinion suggesting that Schwab, convicted for the 1991 killing of an 11-year-old boy in Brevard County, seek relief from the U.S. Supreme Court.
"It should be that court's decision to determine whether it intends a de facto moratorium on the death penalty and whether the issues it is presently reviewing regarding lethal injection justify a stay of Schwab's execution," Pariente wrote.
http://www.heraldtribune.com/article/20071108/NEWS/711080386
Peter Hamilton
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Thank God for our new governor--I'm sure all the families of these murder victims will be more than satisfied to see Justice finally done--Let the executions begin and final justice prevail
GlitchWizard
Reprobate
In Florida, there have been 22 people convicted, sentenced to Death and then lo-and-behold it was proven they didn't do it. (Everything from DNA evidence to someone finding the real person who did.) If the process were faster, those 22 people would have been needlessly murdered by the state and no one would have known they were innocent. The real killers would be still out there with no one looking for them.
Another reason is the appeals process has some issues. I know some appeals are AUTOMATICALLY denied (I have no idea why they exist, then?) and then other appeals are just silly - a yes or no answer to something and can take five or six YEARS to get an answer on whether or not you can bring something up. THEN, lets say the person proves their counsel was a loser (which does happen) and they get a new trial... the appeals start over again.
On a side note, all of this costs a huge amount of money MORE than just putting them in for life to begin with. They're already basically there that long anyway.
(Though when you're talking about proven child molesters/child killers - I think event he most hardcore death penalty opposers have to sharply inhale and take a moment to regroup.)
BarnGoddess
Former Member
I know you are oppossed to the death penalty, but with today's technology, we can prove or disprove a felon's guilt or innocence with DNA. We have the technology to "humanely" execute a felon. For someone to say that lethal injection causes pain and therefore inhumane, boggles my mind. We euthanize aged suffering pets the same way. If this is all too much for those who believe it's inhumane to execute cold-blooded killers and torturers of children, then let's bring back "Old Sparky".
angelmom
The love stays...forever in our hearts
I am curious to see if cases where there is DNA will move through the appeals process more quickly. These cases that take forever are pre-DNA testing, right?
Or maybe those never go to trial. Maybe those guys pretty much always plead guilty b/c they know they don't stand a chance.
Trying to go back and think...:waitasec:
Or maybe those never go to trial. Maybe those guys pretty much always plead guilty b/c they know they don't stand a chance.
Trying to go back and think...:waitasec:
GlitchWizard
Reprobate
I wish we could prove guilt or innocence with DNA. Often, there isn't any DNA to test (90% of cases there isn't any), and when there is, it doesn't always "prove" anything. The reason I say this, is that there is a flaw in our system that allows someone else involved in the same crime to testify against you. For example, you and I go to beat up someone. I decide to cut him with a knife badly enough to kill him. You try to stop me - getting DNA evidence all over the place. If I make sure the weapon isn't found and am the "first one to cut a deal" so I can testify against you - the DNA evidence proves that I am telling the truth when I say you killed them, and you deserve the death penalty. DNA evidence proves you are a cold blooded murderer.
It works great in rape cases where the victim and perp didn't know each other though - so it's great for convicting people like Couey - whose type I personally think the death penalty was actually created for.
I am only against the death penalty because of it's flaws (and I happen to have friends on death row who have families who love them.) I am not fundamentally against it for bible thumping reasons or that I believe people shouldn't be killed when they need to be. Just so you know, I'm not a bleeding heart.
Additionally, The lethal injection drug that is given in the death penalty cases is not the same drug they use on our pets. The drug is considered too inhumane for our pets and vets refuse to allow it's use. Not to mention, I have seen dogs put down that have writhed in agony when their heart stops, as well. (Not all of them, just two.)
The lethal injection being cruel is the dumbest arguement for stopping the death penalty that I can think of, but it appears the only arguement people are paying attention to, so I'll let them run with it. The INNOCENCE issue, you'd THINK would be more important. The COST maybe second most important. Whether dying hurts is really not something that is a big deal, since the pain is short lived and we all experience pain in our lives.
My solution, if I were PRO killing people, innocent or not, would be to get Jack Kevorkian to show these executioners how to do it painlessly. He apparently got it right, you know?
GlitchWizard
Reprobate
It is pretty amazing how many people had DNA collected at the crime scene before DNA testing was as good as it is now - and states actually REFUSE to test the DNA now because an execution is near. You'd think they'd test it to be sure. I do not know why they don't - but people are executed for things that they were convicted of without the DNA being tested. I think because the appeals were used up prior to the DNA tests being run and even if it could prove them innocent, doesn't matter. It's been determined that even if innocent, it's not illegal to execute someone who has had their due process of law and was found guilty and run out of appeals. That's too weird, in my book, but that's how it is.
It is my experience that if they plead guilty, they tend to NOT get the Death Penalty as often. You get mostly get life, instead. I don't think it's by any kind of rule, I think it just mostly works out that way through cutting deals and other procedures.
I do know that the process is long, regardless of DNA involved or not. I don't believe there is any speed of process related to DNA. For Couey, it's expected he will not die of lethal injection because his appeals will go on and on about his mental capacity, not whether or not he pled guilty or had DNA evidence or anything else. He will die, either from another inmate (unlikely, he's by himself) or poor health. That's my prediction. It's costing the state a buttload of money to have him on Death Row instead of life without parole in general population where he wouldn't live any longer than he's going to now. That's a tough one for me. I want him dead as much as the next guy. Strictly for revenge though - no other reason.
RiverRat
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Stats per Florida's Department of "Corrections" :innocent:
Total White Males 239
Total Black Males 134
Total Other Males 13
Total White Females 0
Total Black Females 0
Total Other Females 0
11/9/2007 Total 386
http://www.dc.state.fl.us/activeinmates/deathrowroster.asp
I have seen these names NOT move for decades, so let's sterilize those prescious little needles!!
Total White Males 239
Total Black Males 134
Total Other Males 13
Total White Females 0
Total Black Females 0
Total Other Females 0
11/9/2007 Total 386
http://www.dc.state.fl.us/activeinmates/deathrowroster.asp
I have seen these names NOT move for decades, so let's sterilize those prescious little needles!!
Class-z
Do Something, Lead, follow or get out of the way.
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Oy Vey, go check out California's mile long death row
They die of old age there before getting what's coming to them
Class-z
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I wish we could prove guilt or innocence with DNA. Often, there isn't any DNA to test (90% of cases there isn't any), and when there is, it doesn't always "prove" anything. The reason I say this, is that there is a flaw in our system that allows someone else involved in the same crime to testify against you. For example, you and I go to beat up someone. I decide to cut him with a knife badly enough to kill him. You try to stop me - getting DNA evidence all over the place. If I make sure the weapon isn't found and am the "first one to cut a deal" so I can testify against you - the DNA evidence proves that I am telling the truth when I say you killed them, and you deserve the death penalty. DNA evidence proves you are a cold blooded murderer.
It works great in rape cases where the victim and perp didn't know each other though - so it's great for convicting people like Couey - whose type I personally think the death penalty was actually created for.
I am only against the death penalty because of it's flaws (and I happen to have friends on death row who have families who love them.) I am not fundamentally against it for bible thumping reasons or that I believe people shouldn't be killed when they need to be. Just so you know, I'm not a bleeding heart.
Additionally, The lethal injection drug that is given in the death penalty cases is not the same drug they use on our pets. The drug is considered too inhumane for our pets and vets refuse to allow it's use. Not to mention, I have seen dogs put down that have writhed in agony when their heart stops, as well. (Not all of them, just two.)
The lethal injection being cruel is the dumbest arguement for stopping the death penalty that I can think of, but it appears the only arguement people are paying attention to, so I'll let them run with it. The INNOCENCE issue, you'd THINK would be more important. The COST maybe second most important. Whether dying hurts is really not something that is a big deal, since the pain is short lived and we all experience pain in our lives.
My solution, if I were PRO killing people, innocent or not, would be to get Jack Kevorkian to show these executioners how to do it painlessly. He apparently got it right, you know?
I think they should suffer the same death that they put their victim through. A little prick of a needle is to easy on them.
I find all these excuses of inhumane towards the murderer to be quite offensive
GlitchWizard
Reprobate
I assume you mean the ones that actually committed the crimes they are convicted of.
http://www.cnn.com/2007/US/11/16/deathrow.family/index.html
Child killer's delayed execution means agony for family
In April 1991, Schwab posed as a reporter and told the family he wanted to do a surfing story about 11-year-old Junny Rios-Martinez Jr.
When Schwab showed up at their home, the family said he was wearing a fake newspaper ID. Junny's parents had no idea Schwab was just out of prison. He'd served three years for sexual assault and was released early.
For three weeks, Schwab courted the family. The boy's mother said he brought him McDonald's coupons and an Easter card.
At one point, she said her husband got suspicious and she told him not to worry. "I said you watch too many crime shows on TV."
Junny's parents said Schwab wanted to act as the boy's agent and take him to interviews with surfing magazines out of town. Each time Junny's mom would insist on going along, she said Schwab would agree, and then come up with an excuse to cancel the trip.
Finally, Junny's parents said, Schwab called the boy's school and pretended to be his father. He left a message to have Junny meet him and the school passed it along.
According to state records, on April 18, 1991, a schoolmate of Junny reported the boy got into a U-Haul truck with a man. Days later, Junny's body was found in a footlocker. Authorities said he'd been raped and asphyxiated.
The family's emotional wounds remain raw after all these years.
When they got the call that Schwab's execution was stayed, the family drove to a relative's home and debated what to do next. (more at link)
Child killer's delayed execution means agony for family
In April 1991, Schwab posed as a reporter and told the family he wanted to do a surfing story about 11-year-old Junny Rios-Martinez Jr.
When Schwab showed up at their home, the family said he was wearing a fake newspaper ID. Junny's parents had no idea Schwab was just out of prison. He'd served three years for sexual assault and was released early.
For three weeks, Schwab courted the family. The boy's mother said he brought him McDonald's coupons and an Easter card.
At one point, she said her husband got suspicious and she told him not to worry. "I said you watch too many crime shows on TV."
Junny's parents said Schwab wanted to act as the boy's agent and take him to interviews with surfing magazines out of town. Each time Junny's mom would insist on going along, she said Schwab would agree, and then come up with an excuse to cancel the trip.
Finally, Junny's parents said, Schwab called the boy's school and pretended to be his father. He left a message to have Junny meet him and the school passed it along.
According to state records, on April 18, 1991, a schoolmate of Junny reported the boy got into a U-Haul truck with a man. Days later, Junny's body was found in a footlocker. Authorities said he'd been raped and asphyxiated.
The family's emotional wounds remain raw after all these years.
When they got the call that Schwab's execution was stayed, the family drove to a relative's home and debated what to do next. (more at link)
LOL! I agree. Want to go and help them? I will bring the saw.