Lethal Injection Death Warrant Signed In Florida

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After Angel Nieves Diaz's death it was determined by a medical examiner that the insertion of the needles was done incorrectly. Jeb Bush who was then Gov. suspended all executions in the state of Florida at that time.

Since that time the state formed a panel and is following their recommendations on the improvement of the lethal injection process.

Gov. Charlie Crist has now reinstated lethal injections by signing the a death warrant for Mark Schwab who is scheduled for lethal injection Nov. 15, 2007.

Crist said he is confident lethal injections could proceed in line with constitutional bans on cruel and unusual punishment."

A pdf file of the warrant can be viewed here along with the judgement and full sentencing papers. (38 pages)

Mark Schwab is not a first time offender. This man had been released March 4, 1991 after serving three years of an eight year sentence for committing aggravated rape in 1987. His sentence was commuted and he got put on probation for 15 years. This for the molestation of a 13 year-old-boy.

One Month later on April 18 was the last time Junny Rios-Martinez age 11 was seen alive. Junny's picture had been in the newspaper in a Florida Today story and that is when he became the target of Mark Schwab. Mark misrepresented himself to the boy and his family as a surfing competition representative as well as being a reporter wanting to do a story on the boy as a way to ingratiate himself into the trust of the boy and his family.

He saw Junny’s picture in the newspaper and a few days later he contacted us. He said he was a photographer for a surfing magazine. Back then there was no sex offender registry... no warning at all.
He brought all these things, T-shirts, caps, shorts. He said these people would sponsor Junny and this was some of the free merchandise he would get from these companies. Junny was all exited.

As stated by Junny's mother Vicki Rios-Martinez.

On April 20 Mark called his aunt and told her he had been forced to kidnap and rape the boy or else a supposed person named Donald would kill the young boys mother. The aunt allowed police to tap her phone so they could find Marks location. Mark was arrested and took the police to where he had hidden the boys body after giving them three false locations. Junny had been raped and had been strangled or suffocated and placed in a footlocker.

July 1, 1992 he was sentenced to death for the murder, and two life sentences for the kidnapping and sexual battery of a child under the age of 13. In addition, his probation was revoked on the previous rape conviction, and he was re-sentenced to an additional life sentence.

The boys death led to the "Junny Rios-Martinez, Jr., Act of 1992" being enacted in the state of Florida. Those who are convicted of a sexual battery will no longer get an early release in this state.

His many appeals have all been denied the last one dated Jan. 16, 2007.

Kenneth Studstil one of the lawyers for Mark Schwab has stated in a clemency appeal that his client

is a "scientific mystery" who should be spared execution so he can be further studied to prevent other pedophiles from raping and killing children.

http://www.dc.state.fl.us/ActiveInmates/detail.asp?Bookmark=1&From=list&SessionID=752208211
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=943.0435&URL=Ch0794/Sec011.HTM
http://en.wikipedia.org/wiki/Category:Murderers_of_children
http://www.foxnews.com/story/0,2933,287620,00.html