As of right now, here is the latest stories on this coming sadists execution.
[i]"The decision clears the path for the Nov. 15 execution of Mark Schwab, whose appeals for a new trial in a separate case were denied Thursday by the state’s highest court.
Even so, Schwab’s victim’s mother said she expects the execution to be halted by the U.S. Supreme Court.
“I respect them for following Florida law,” said Vickie Rios-Martinez. “I’m not a betting person but I’ll bet there is not going to be an execution.”
Schwab, 38, has been on death row for 15 years for kidnapping, raping, torturing and murdering 11-year-old Junny Rios-Martinez of Cocoa in April 1991. He was convicted May, 22, 1992, and sentenced to death. "[/i]
[i]" It has been 15 years since Mark Dean Schwab kidnapped, raped and killed 11-year-old Junny Rios-Martinez Jr. And now, with the killer out of appeals, Gov. Charlie Crist has signed a death warrant calling for Schwab’s execution by lethal injection Nov. 15.
Whether you support the death penalty or object to it on moral grounds, the documents signed and delivered by Crist on Thursday – including the original sentencing documents signed by Brevard Circuit Judge Edward Richardson – make a clear and compelling case for the penalty under state and U.S. law. The records also portray a Florida corrections system incapable of controlling Schwab with sex-offender counseling or other conventional means.
Schwab not only was convicted of first-degree murder, sexual battery on a child and kidnapping a child under 13, he was found guilty of three “aggravating circumstances,” records show. Any one of those legally outweighed all the many mitigating circumstances Schwab presented in his defense, [b]the 1992 court records show. Consider:
The defendant was previously convicted of another violent capital felony. Schwab had used a knife in 1987 to rape a 13-year-old Cocoa Beach boy. He served 3 1/2 years of an 8 year sentence and was released a month and a half before he killed Martinez in April 1991.
* He committed murder in the process of committing sexual battery and kidnapping.
* The murder was "especially heinous, atrocious or cruel." Schwab strangled Martinez, which automatically counts as heinous under Florida case law. "The victim has time to experience a foreknowledge of death as well as severe anxiety and fear," the sentencing document says. [/b]
After first claiming in court to have been directed by a fictional perpetrator he called “Donald,” records show, Schwab tried to mitigate his sentence by blaming his deviant behavior on a childhood marred by torture, beatings and humiliation at the hands of his parents. The court could find little evidence of those claims. And it dismissed as irrelevant Schwab’s history as a good school student who played first trumpet in the band and once earned an employee award at Kmart.
Could Schwab have been stopped earlier by the justice system? Consider these findings included in Judge Richardson’s death sentence:
"The defendant was accepted for the Mentally Disordered Sex Offender Program which placed him in the very small percentage of those prisoners interviewed. The defendant would have received intensive in-patient treatment within the prison community. However, this program was closed by the state due to a lack of funds and stopped admitting new patients."
"Whether the defendant would have benefited from the Mentally Disordered Sex Offender Program is total speculation. However, what is not speculation is had the defendant remained in prison for the entire length of his sentence, Junny Rios Martinez would be alive today."
"The defendant did, in fact, attend the sex offender program of Dr. Duncan Bowen. He was required to do so by his probation officer. However, the defendant made no effort to gain any benefit from that program. At the same time he was in therapy, he was associating with young boys and planning the abduction and rape of Junny Rios Martinez."[/i]
floridatoday.com/blogs/breva … chive.html