http://www.sun-sentinel.com/news/florida/fl-reg-florida-execution-asay-20170824-story.htmlFlorida executes convicted killer Mark Asay
Thurs. Aug. 24, 2017
Florida has put a man to death with an anesthetic never used before in a U.S. lethal injection, carrying out its first execution in more than 18 months on an inmate convicted of two racially motivated murders.
Authorities say 53-year-old Mark Asay, the first white man executed in Florida for killing a black man, was pronounced dead at 6:22 p.m. Thursday at the state prison in Starke. His death followed a three-drug injection that began with the anesthetic, etomidate.
Though approved by the Florida Supreme Court, etomidate has been criticized by some as being unproven in an execution. Etomidate replaced midazolam, which became harder to acquire after many drug companies began refusing to provide it for executions.
The U.S. Supreme Court on Thursday refused to block the execution, denying without comment the final appeal of Asay.
Asay, who is white, fatally shot Robert Lee Booker, 34, a black man, after making multiple racist comments, prosecutors said. Asay's second victim was Robert McDowell, 26, was mixed race, white and Hispanic. Prosecutors say Asay had hired McDowell, who was dressed as a woman, for sex and shot him six times after discovering his gender.
Asay is the first white man to be executed in Florida for killing a black man. At least 20 black men have been executed for killing white victims since the state reinstated the death penalty in 1976, according to data from the Death Penalty Information Center. A total of 92 Florida inmates have been executed in that time period.
Etomidate is the first of three drugs administered in Florida's new execution cocktail. It is replacing midazolam, which has been harder to acquire after many drug companies began refusing to provide it for executions. The etomidate is followed by rocuronium bromide, a paralytic, and finally, potassium acetate, which stops the heart. It is Florida's first time using potassium acetate too, which was used in a 2015 execution in Oklahoma by mistake, but has not been used elsewhere, a death penalty expert said.
While the state's high court has approved the use of etomidate, some experts have criticized the drug as being unproven.
State corrections officials have defended the choice, saying it has been reviewed. The corrections department refused to answer questions from The Associated Press about how it chose etomidate.
Doctors hired by Asay's attorneys raised questions about etomidate in court declarations, saying there are cases where it had caused pain along with involuntary writhing in patients.
But in its opinion allowing the drug to be used, the state's high court said earlier this month that four expert witnesses demonstrated that Asay "is at small risk of mild to moderate pain."
Asay was the first Florida inmate executed since a U.S. Supreme Court ruling found the state's method of sentencing people to death to be unconstitutional. The court ruled that the old system was illegal because it gave judges, not juries, the power to decide.
Since then, Florida's Legislature passed a law requiring a unanimous jury for death penalty recommendations.
In Asay's case, jurors recommended death for both murder counts by a 9-3 vote. Even though the new law requires unanimity, Florida's high court ruled that the U.S. Supreme Court's ruling did not apply to older cases.
Asay is the 24th inmate executed since Gov. Rick Scott has taken office, the most under any governor in Florida history.
Great job, Florida! Great job, Gov. Rick Scott! Remembering the victims, Robert Booker and Robert McDowell tonight. After 30 years, may your families finally have some semblance of closure.