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Man Loses Appeal To Halt His Execution

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The Tampa Tribune

Published: June 28, 2008

TALLAHASSEE - TALLAHASSEE - A man convicted of raping and murdering an 11-year-old boy lost an appeal Friday seeking to halt his upcoming execution when the Florida Supreme Court rejected his claim that lethal injection protocols could cause him extreme pain and suffering.

If he is put to death Tuesday, Mark Dean Schwab would be the state's first inmate put to death since a 2006 moratorium on executions after a botched lethal injection. The appeal was his third successive request for post-conviction relief.

Schwab, 39, was convicted of killing Junny Rios-Martinez Jr. in 1991 after posing as a newspaper reporter who wanted to do an article on the young surfer from Cocoa. The boy died from choking or smothering.

The Supreme Court unanimously ruled Schwab failed to allege any newly discovered evidence that would change its decisions in his and other prior appeals that also challenged the lethal injection procedure.

Lawyers for Schwab didn't immediately return calls seeking comment, but they have previously said another option is to take the case to federal court.

The Associated Press

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