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Part of his Last Statement moments before the Lethal Cocktail began to flow: "When I die, bury me deep, lay two speakers at my feet, put some headphones on my head and rock and roll me when I'm dead."

Douglas Roberts - Texas
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EXECUTED - Mark Dean Schwab - Florida Death Row - Scheduled Execution
Scheduled Executions
Upcoming Executions
Start : Tuesday 1 July 2008, 22:00
End : Tuesday 1 July 2008, 22:00


EXECUTED 6:15PM

Mark Dean Schwab - Florida Death Row - Scheduled Execution for July 1, 2008

Victims: 11-year-old Junny Rios-Martinez, Jr.

The Crime: Schwab was released from prison on March 4, 1991, after serving three years of an eight-year sentence for an aggravated rape committed in 1987. The rest of his sentence was commuted and he was placed on 15 years of probation.

A month later, Cocoa resident Junny Rios-Martinez, Jr., went missing. Schwab had seen Junny's picture in the March 21, 1991 edition of Florida Today. He became friendly with the boy and his family, introducing himself as an associate of Malcom Denemark from that newspaper. After getting to know Junny, Schwab exploited his interest in surfing by saying he had left Florida Today for a job at a surfing magazine. On April 18, 1991, friends saw Junny get into a U-Haul truck.

On April 20, 1991, Schwab called his aunt in Ohio, claiming a man named "Donald" forced him to kidnap and rape Junny, under threat of killing Junny's mother, Vicki. The next day, police tapped a phone call with Schwab's aunt's permission, and determined Schwab's location. Schwab was arrested, and led police to Junny's dead body, found in Canaveral Groves, a rural area of Brevard County, Florida in a footlocker that was not completely shut and wrapped in rope.

Execution Stays: On December 15, 2006, Governor Jeb Bush suspended all pending executions until further notice after the execution of Ángel Nieves Díaz had taken much longer than usual.[2] This ban was lifted when the new Governor of Florida, Charlie Crist, signed Schwab's death warrant on July 18, 2007.[3] Schwab was then transferred to Florida State Prison. He was scheduled for execution by means of lethal injection on November 15, 2007 at 6:00 p.m. EST. However, federal judge Anne C. Conway granted a stay of execution on November 14.[4] On November 15, the 11th Circuit Court of Appeals ruled that the execution can proceed,[5][6] but the United States Supreme Court blocked the execution later that same day pending appeals of two Kentucky inmates challenging the combination of the three drugs used for lethal injection, which is the same combination as is used in Florida.[7][8][9]

The Supreme Court upheld Kentucky's death penalty on April 16, 2008, by a vote of 7-2.[10] Governor Crist signed a new death warrant for Schwab the next day, without a date for execution. On May 19, the U.S. Supreme Court specifically lifted their stay on Schwab, permitting Governor Crist to reschedule his execution.[11]

At the direction of Governor Crist, Schwab's execution is now scheduled for July 1st, 2008 at 6:00 p.m.

News: STARKE, Fla. (AP) — Florida has carried out the state's first execution since a botched lethal injection procedure prompted a moratorium and an investigation.

Gov. Charlie Crist's office says Mark Dean Schwab died by lethal injection at 6:15 p.m. Tuesday.

Schwab was convicted of kidnapping, raping and killing an 11-year-old Junny Rios-Martinez in 1991.

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

Schwab unsuccessfully challenged Florida's new procedure in court.

source: The Associated Press

Last Meal: Two fried eggs, four strips of bacon, two sausage links, hash browns, buttered toast and a quart of chocolate milk

Final Statement: He chose not to say anything.


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Posted: 2008/7/1 18:28  Updated: 2008/7/1 18:28
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 Schwab has been Executed
STARKE, FL -- Mark Dean Schwab was executed Tuesday night at Florida State Prison for the rape and murder of 11-year-old Junny Rios-Martinez.

His sentence was carried out by way of lethal injection. He was pronounced dead at 6:15 p.m.

Schwab's execution came on the 16th anniversary of the date when he was sentenced to die for the kidnapping, rape and murder of Junny in Cocoa.

Peter Cannon, one of Schwab's attorneys, filed an appeal Monday evening with the U.S. Supreme Court. But, that appeal was denied.

The high court gave Schwab a stay 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.

The lengthy Supreme Court appeal says as a result of the Kentucky decisions, "there remains much confusion as to the proper standard for analyzing the method of execution cases."

Schwab was the 10th person executed in the United States since the U.S. Supreme Court ruled in the Kentucky case and the 21st inmate to die by lethal injection since Florida changed its method of execution in 2000. He was the 65th inmate to be executed since Florida resumed capital punishment in 1979.

Schwab's execution was the first in Florida since December 2006 when the execution of convicted killer Angel Diaz led to a state-imposed moratorium and investigation into his prolonged death.

A medical examiner said the executioner pushed the needles through Diaz's veins and into his muscles, causing him extreme pain. It took 34 minutes for him to die, about twice as long as normal.

Despite several revisions to Florida's execution protocol, Schwab's attorneys claimed Florida's procedure fell short of the U.S. Supreme Court standards. They claimed several mock training executions conducted by Florida prison officials showed a 30 percent failure rate.

After being turned down by courts in Titusville and Tallahassee last week, Schwab's attorneys sought permission from the 11th Circuit Court of Appeals in Atlanta for permission to file another round of federal appeals, but that was also turned down.

Schwab raped and killed Junny in April 1991, about a month after he was released early from a prison sentence he got for raping a 13-year-old boy, who was from Cocoa, a small town on the Atlantic coast of Florida.

Schwab got close to the boy and his family by posing as a reporter who promised to help the boy with his dream of becoming a professional surfer. On the day of the rape and murder, Schwab called the boy's school posing as his father, then picked him up there.

The case prompted Florida's Junny Rios-Martinez Act of 1992, which prohibits sex offenders from early release from prison or getting credit for good behavior.

Schwab's execution took place at the state's death chamber in Starke, about 40 miles southwest of Jacksonville.

source: http://www.abcactionnews.com/news/local/story.aspx?content_id=d678ddba-ad00-46c7-8ae2-3849494cc8f8
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Posted: 2008/7/1 18:25  Updated: 2008/7/1 18:25
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 He's DEAD
My channel 10 News (Orlando area) just said he was pronounced DEAD at 6:15pm

Mark Dean Schwab received his anti-crime vaccine and has been corrected!

REST IN PEACE sweet Junny.
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Posted: 2008/7/1 18:11  Updated: 2008/7/1 18:11
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 U.S. Supreme Court says no to all appeals
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Posted: 2008/7/1 1:44  Updated: 2008/7/1 1:44
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Posted: 2008/7/1 1:41  Updated: 2008/7/1 1:41
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 Death penalty future rides on Schwab execution
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Posted: 2008/7/1 1:38  Updated: 2008/7/1 1:38
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 Time, Appeals Running Out For Death Row Inmate
Mark Dean Schwab Is Scheduled To Die On Tuesday
TALLAHASSEE (CBS4) ― Time and appeals are running out for Florida death row inmate Mark Dean Schwab who is scheduled to be put to death this week for the rape and murder of an 11-year old girl.

Schwab's attorney said he's filing an appeal to the U.S. Supreme Court asking the high court to consider the case and issue a stay of execution.

For the first time since a botched execution nearly two years ago, Florida Department of Corrections officials are preparing to execute a condemned inmate.

Schwab, 39, is scheduled to die on Tuesday; 16 years after he was sentenced in the 1991 kidnapping, rape and murder of Junny Rios-Martinez. 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, who was from Cocoa.

All Florida executions were put on hold after the December 2006 death sentence of Angel Diaz was carried out. During Diaz's execution the lethal injection needles were accidentally pushed through his veins, causing the chemicals to go into his muscles instead. This delayed his death for 34 minutes, nearly twice as long as normal.

Former Governor Jeb Bush suspended all executions, and along with several other states waited for the U.S. Supreme Court to rule on whether the three-drug method of lethal injection used by Kentucky was constitutional. Thirty-four other states, including Florida, use a similar method.

On Tuesday, the new procedures for execution will require the warden to make sure the inmate is unconscious following the injection of the first chemical, sodium pentothal. Pancuronium bromide will then be injected to paralyze the condemned man's muscles; finally potassium chloride will be injected to stop the heart.

Schwab and his attorneys aren't so sure the problems are fixed.

An analysis done for Schwab's lawyers showed that nine of the 30 mock executions performed by Florida's Department of Corrections were failures. Correction officials say the mock exercises have included preparation for potential problems such as a combative inmate, the incapacity of an execution team member, power failure and finding a vein.

The state has argued successfully in several courts that the procedure meets all constitutional tests against cruel and unusual punishment and that Schwab cannot raise the issue again.

On Friday, the Florida Supreme Court rejected Schwab's latest appeal claiming the new procedure still carries the risk of causing intense pain and suffering.

source: http://cbs4.com/local/florida.execution.lethal.2.760377.html
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Posted: 2008/7/1 1:35  Updated: 2008/7/1 1:36
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 Life on Florida's Death Row
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Posted: 2008/7/1 1:22  Updated: 2008/7/1 1:22
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 Man scheduled to die Tuesday gets visit from mother, aunt
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Posted: 2008/7/1 1:20  Updated: 2008/7/1 1:20
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 Florida Resumes Executions
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Posted: 2008/6/27 11:54  Updated: 2008/6/27 11:54
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 Judge: Chance of pain definite during Schwab execution
Judge: Chance of pain definite during Schwab execution


Titusville Judge Charles Holcomb on Wednesday cleared the way for the execution next week of child rapist and murderer Mark Dean Schwab, who argued that a lethal injection is cruel and unusual punishment. Holcomb rejected Schwab's motion to vacate his sentence, saying any method of execution could cause pain.

He said that even though executions must be deliberated, it does not give Schwab or his attorneys the right to file motions on matters already decided. "This process does not require the court to continually review claims which have already been found wanting," Holcomb wrote. "At this late stage in the legal process, Schwab is barred from relitigating prior claims and from raising any new claims which could have been raised at an earlier date."

Schwab was convicted in 1992 of raping and killing Junny Rios-Martinez, 11, of Cocoa. He is scheduled to die by lethal injection at 6 p.m. Tuesday.

The state revised protocol after the December 2006 execution of Angel Diaz took twice as long as normal. The state has not executed anyone since then, waiting for the U.S. Supreme Court to rule on the constitutionality of lethal injection in a Kentucky case.

Holcomb quoted Chief Justice John Roberts, who said capital punishment was constitutional. "Some risk of pain is inherent in any means of execution -- no matter how humane," Roberts wrote.

(source: Florida Today)
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Posted: 2008/6/25 10:12  Updated: 2008/6/25 10:12
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 State attorneys dispute death penalty complaints
Schwab lawyers continue to protest Tuesday execution

Attorneys for the state said it seems lawyers representing convicted child-killer Mark Dean Schwab are using the court system to advance their position against the death penalty.

Responding to the number of appeals and motions filed on Schwab's behalf -- including a third successive motion objecting to lethal injection -- Assistant Attorney General Kenneth Nunnelley said Tuesday in court that the starting point for any argument has to be that the U.S. Constitution allows for capital punishment.

"It follows then, that there has to be a way to carry out that constitutionally permitted sentence," he said. "No method will ever be satisfactory to those who oppose capital punishment."

Schwab is scheduled to be executed by lethal injection at 6 p.m. next Tuesday.

Both sides were in court Tuesday presenting their cases to Judge Charles Holcomb, who has promised a response sometime today.

Schwab's attorneys say the state's revised lethal injection protocol does not guarantee the elimination of pain or suffering and that Department of Corrections workers are not being properly trained.

After petitioning the court for DOC training records earlier this month, Schwab's attorneys determined that more than 30 percent of the state's mock executions since last July have contained errors.

"The DOC does not understand the chemicals. Executioners are not even showing up for training," Schwab attorney Peter Cannon said. "That's why we are here. The DOC fails to live up to the standard."

Cannon also criticized an extra step the state has added in the execution process that ensures prisoners are unconscious when the lethal drugs are administered, a complaint that Nunnelley questioned.

"Ensuring the inmate is unconscious before any painful drugs are inflicted makes it worse?" he asked.

Assistant State Attorney Wayne Holmes, who helped prosecute Schwab, defended the state's record in performing executions.

"The state's Department of Corrections has been very successful putting people to death," he said after court proceedings. "I'm confident they will be able to put Mr. Schwab to death."

Schwab was convicted in 1992 of kidnapping, raping and killing 11-year-old Junny Rios-Martinez of Cocoa

source: http://www.floridatoday.com/apps/pbcs.dll/article?AID=/20080625/NEWS01/806250326/1006/news01