Lawyers argue that lethal injection of morbidly obese Florida inmate could result in botched execution
Lawyers for a Florida murderer on death row are trying to halt his scheduled execution, saying his weight and health conditions could lead to a botched lethal injection.
In
court documents
, lawyers for Michael Tanzi, 48, say he is morbidly obese and suffers from sciatica, a condition that causes pain along the back's sciatic nerve. Tanzi's lawyers argued that Florida's lethal injection procedure might not work because of his weight, highlighting that a sedation drug might not fully take effect and leave him "paralyzed but aware" during the process.
"The existing protocols for lethal injection do not contemplate the execution of someone with obesity and uncontrolled medical conditions, like Mr. Tanzi's, that are likely to complicate the lethal injection process," Tanzi's lawyers said in their brief. "Executing Mr. Tanzi using the existing protocols is likely to cause serious illness and needless suffering."
The lawyers also noted that there might be difficulty placing the IV lines that carry the three-drug lethal injection cocktail, and said his sciatica and other health conditions might cause him to experience pain while lying on the table at Florida State Prison.
The Florida attorney general's office
said in a response
that Tanzi's legal team has not shown that the state's lethal injection protocol would violate the ban on cruel and unusual punishment outlined in the U.S. Constitution.
"Tanzi fails to offer any support for his groundless assertion that the massive dose of etomidate, that has been repeatedly and successfully used in Florida's lethal injection protocol, will not work for him," the state said. The court documents also noted that Tanzi waited until the week before his execution to raise the issue.
Under Florida law, executions must be carried out via either lethal injection or the electric chair,
according to CBS affiliate WKMG-TV
. The state is also moving to allow executions by "a method not deemed unconstitutional," WKMG-TV reported — which could allow executions by
firing squad
or
nitrogen gas
, both methods that have been
recently used in other states
.
Tanzi was convicted of kidnapping Janet Acosta in April 2000 and killing her.
According to the Associated Press
, Acosta was seated inside her parked van when Tanzi attacked her and threatened her with a razor blade. He then bound and gagged her and began to drive the van toward the Florida Keys. While on the drive, he sexually assaulted Acosta and used her bank card to withdraw money. Eventually, he strangled Acosta and left her body in the Keys, then continued driving south to visit friends. He was arrested after a missing persons report was filed and he was seen driving Acosta's vehicle.
Gov. Ron DeSantis signed a death warrant to execute Tanzi on March 10. His execution is set for April 8.
It would be the third execution in Florida this year, according to the AP.
James Dennis Ford
was executed in February for murdering two people in 1997, and
Edward James
was executed in mid-March for murdering a woman and her granddaughter.
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