Lethal injection fight goes to high court

By ASSOCIATED PRESS
Published July 20, 2007

TALLAHASSEE - The Florida Supreme Court may consider an appeal of the state's first scheduled execution since a botched lethal injection at the same time it hears arguments in a separate case challenging Florida's death penalty method.

The justices Thursday set oral arguments, if requested, for Mark Dean Schwab on Oct. 11. That's when they also are set to hear an appeal from convicted killer Ian Deco Lightbourne based on problems during Florida's last execution.

It took 34 minutes, twice as long as normal, for Angel Diaz, 55, to die Dec. 13 after a second injection of the chemicals used in the procedure.

Gov. Charlie Crist on Wednesday lifted a ban on executions that had been in place since Diaz's death by signing a warrant for Schwab, 38. He kidnapped, raped and killed Junny Rios-Martinez, 11, of Cocoa by smothering or choking the boy.

Lightbourne, 47, was convicted of murdering Nancy O'Farrell in 1981 after breaking into her Marion County home.

[Last modified July 19, 2007, 23:46:03]