Execution First Since Revamp

By RON WORD

The Associated Press

Published: July 2, 2008

STARKE - STARKE - Florida on Tuesday carried out its first execution since a botched lethal injection procedure prompted the state to revamp the way it conducts capital punishment.

Mark Dean Schwab, who was convicted of kidnapping, raping and killing an 11-year-old boy, died at 6:15 p.m.

The execution was the initial test of Florida's new lethal injection procedure, which was instituted after Angel Diaz was executed in December 2006. Needles to inject the deadly chemicals into Diaz missed their mark and he suffered burns and extreme pain, triggering a state investigation and a moratorium.

It took 34 minutes for Diaz to die, more than twice the normal time. Schwab's execution started at 6:03 p.m. and lasted 12 minutes.

Schwab, 39, unsuccessfully challenged Florida's new procedure, claiming it could also cause pain and suffering. His latest appeal was denied by the U.S. Supreme Court hours before he was put to death for the 1991 killing of Junny Rios- Martinez of Cocoa, a small town on the central-east coast of Florida.

When authorities opened a curtain to the death chamber, Schwab lay on the table blinking his eyes. He did not make a final statement.

Within two minutes of the first chemical being administered, Schwab's eyes were closed and his mouth slightly opened. A warden shook Schwab, called out his name and ran a finger over his eyelashes at 6:07 p.m. Schwab did not respond.

"I only wish my son had passed this peacefully," Junny's mother, Vicki Rios-Martinez said afterward. She and her husband were among 40 witnesses to the execution. The couple wore white T-shirts with the boy's picture on the front and the words "JUSTICE DELAYED IS JUSTICE DENIED" on the back.

Outside the prison, the boy's other relatives clapped and cheered when they heard Schwab had died.

About 50 death penalty opponents held a brief prayer vigil, then quietly stood by about 75 yards from the family members.

Schwab was given a stay of execution by the U.S. Supreme Court in November as it considered the constitutionality of Kentucky's lethal injection procedure. When it ruled Kentucky's protocol was acceptable, it opened the door for Florida and other states with similar laws to resume executions.

In the Diaz execution, the executioner pushed the needle through his veins into his muscles, causing severe chemical burns on his arms. Several times during the process, Diaz could be seen grimacing and asked at one time, "What's going on?"

The Diaz case resulted in an investigation by a committee appointed by then-Gov. Jeb Bush. Changes suggested by the panel were incorporated into new execution procedures.

One change called for the warden to assess whether the inmate is unconscious after sodium pentothal is injected into his body. Then the executioner will inject pancuronium bromide, used to paralyze his muscles, and potassium chloride, used to stop his heart.

Death penalty opponents contend the drugs are poorly understood by those who use them and that they can inflict pain in violation of the constitutional prohibition against cruel and unusual punishment.

Analysis of the state's death chamber records showed that errors occurred in 53 percent of the executions, based on excessively long interludes between chemical administration and death or physical signs that the inmate wasn't fully unconscious or paralyzed, said Peter Cannon of Capital Collateral Regional Counsel, a state agency that handles death penalty appeals.

Schwab raped and killed Junny a month after he was released early from a prison sentence he got for raping a 13-year-old boy. The case led to Florida's Junny Rios-Martinez Act of 1992, which prohibits sex offenders from early release from prison or getting credit for good behavior.

Schwab stalked the boy after seeing his photo in a newspaper for winning a kite contest.

Schwab was the 10th person executed in the United States since the Supreme Court's Kentucky ruling and the 65th inmate to be executed since Florida resumed capital punishment in 1979.

Information from the Los Angeles Times was used in this report.