Attorneys for a Florida man on demise row are searching for to halt his upcoming execution, arguing that his weight problems and well being circumstances might trigger his chosen methodology of deadly injection to go incorrect.
Michael Tanzi, 48, is scheduled to be executed April 8 at Florida State Jail for his conviction within the kidnapping and homicide of a girl in Miami in 2000. Gov. Ron DeSantis signed his demise warrant on March 10, however Tanzi’s attorneys are searching for a keep of execution from the state’s highest court docket.
Tanzi’s attorneys stated in court docket paperwork filed final week that their consumer is morbidly overweight and suffers from sciatica, a situation that causes ache alongside the again’s sciatic nerve.
They argued that Florida’s deadly injection process could not work because of Tanzi’s weight, stressing {that a} sedation drug won’t absolutely take impact and go away him “paralyzed however conscious” through the course of. His attorneys claimed that executing him would violate the Eighth Modification, which protects in opposition to types of merciless and strange punishment.
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Michael Tanzi, 48, is scheduled to be executed April 8 at Florida State Jail. (Florida Division of Corrections)
“The present procedures make the most of a one dimension matches none method that doesn’t enable for modification of dosage,” his attorneys stated within the enchantment. “There’s a vital threat that Mr. Tanzi can be paralyzed however conscious when the sodium acetate is injected, creating the feeling of being burned from the within.”
Tanzi will “possible undergo pulmonary edema, making a sensation of suffocation and drowning,” his attorneys famous, including that his weight problems, acid reflux disease and sleep apnea “create a considerable threat that, if sedated whereas on his again, he’ll undergo from reflux and aspiration of vomit.”
His weight problems will make it inconceivable for the state to humanely perform his execution utilizing the present process, his attorneys argued.
“The present protocols for deadly injection don’t ponder the execution of somebody with weight problems and uncontrolled medical circumstances, like Mr. Tanzi’s, which can be prone to complicate the deadly injection course of,” Tanzi’s attorneys stated. “Executing Mr. Tanzi utilizing the present protocols is prone to trigger severe sickness and useless struggling.”
The attorneys additionally argued that there may very well be issue inserting the IV traces that carry the three-drug deadly injection cocktail.
Tanzi’s attorneys argued that executing him would violate the Eighth Modification, which protects in opposition to types of merciless and strange punishment. (AP Picture/Sue Ogrocki, File)
Florida Lawyer Basic James Uthmeier responded to the enchantment by Tanzi’s attorneys by saying they haven’t proven that the state’s deadly injection protocol would violate protections in opposition to merciless and strange punishment. Uthmeier additionally famous that Tanzi’s attorneys had loads of time to lift their issues however waited till simply earlier than the scheduled execution.
“Tanzi fails to supply any help for his groundless assertion that the large dose of etomidate, that has been repeatedly and efficiently utilized in Florida’s deadly injection protocol, is not going to work for him,” Uthmeier’s workplace stated.
In Florida, executions should be carried out by deadly injection or electrical chair.
Tanzi was convicted of kidnapping Janet Acosta in April 2000, strangling her to demise, and leaving her physique within the Keys earlier than he continued driving south to go to buddies. He was arrested after a lacking individuals report was filed and he was seen driving Acosta’s car.
FLORIDA MAN CONVICTED FOR RAPING, KILLING 8-YEAR-OLD, MURDERING HER GRANDMA ASKS SCOTUS TO BLOCK EXECUTION
In Florida, executions should be carried out by deadly injection or electrical chair. (Ben Grey/Atlanta Journal-Structure by way of AP)
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Acosta was seated inside her parked van in April 2000 when Tanzi attacked her and threatened her with a razor blade. He certain and gagged her earlier than he started driving the van towards the Florida Keys. At one level, Tanzi sexually assaulted Acosta and used her financial institution card to withdraw cash from ATMs.
If Tanzi’s execution is carried out as deliberate, it might be the third in Florida thus far this 12 months. James Dennis Ford was put to demise final month for the 1997 homicide of a pair in Charlotte County and Edward James was executed earlier this month for raping and murdering an 8-year-old woman and killing her grandmother.
