Skip to main content

Florida SC refuses to block Michael Zack's execution

TALLAHASSEE — The Florida Supreme Court on Thursday unanimously refused to block the scheduled Oct. 3 execution of Michael Duane Zack, rejecting arguments that he should be spared the death penalty because of Fetal Alcohol Syndrome.

Justices upheld an Escambia County circuit judge’s ruling last month against Zack, who was sent to Death Row in the 1996 murder of a woman during a crime spree in Northwest Florida. Attorneys for Zack also are asking a federal appeals court to halt the execution, after a U.S. district judge turned down their arguments.

Zack’s attorneys have contended that he should be shielded from execution because of Fetal Alcohol Syndrome that he suffered because his mother drank alcohol while pregnant. The U.S. Supreme Court has ruled that executing people with intellectual disabilities is unconstitutional — and Zack’s attorneys argue that Fetal Alcohol Syndrome has led to him being intellectually disabled.

But the Supreme Court on Thursday said Zack has raised intellectual-disability arguments over two decades of appeals. As a result, the court opinion said the latest arguments do not meet legal tests for “timeliness” and are procedurally barred.

The opinion, written by Justice Renatha Francis, said Zack’s claim that he should be shielded from execution under the U.S. Constitution’s Eighth Amendment ban on cruel and unusual punishment “is, at its core, the same claim he’s repeatedly raised since 2002.”

“As demonstrated by the extensive history of Zack’s postconviction and habeas proceedings, the facts upon which his intellectual disability claim is predicated have long been known to him and his attorneys,” Francis wrote in the 34-page opinion. “He has long known his IQ score range (the lowest score of 79 was established in 2002) and his experts’ FAS (Fetal Alcohol Syndrome) diagnosis (relied on at trial in 1997). Yet, he relies on this 20-year-old-plus information to now claim he should be deemed intellectually disabled and, thus, categorically exempt from execution. … But Zack raises no newly discovered evidence on this point.”

Also, the opinion said “Zack cited to no new case (legal precedent) announcing a newly recognized, retroactive fundamental constitutional right establishing that FAS is the functional equivalent of an intellectual disability. Rather, it appears Zack improperly sought to have a new fundamental constitutional right recognized.”

Gov. Ron DeSantis on Aug. 17 signed a death warrant for Zack in the murder of Ravonne Smith, who was killed in her Escambia County home after meeting Zack in a bar where she worked. A jury in September 1997 convicted Zack of first-degree murder, robbery with a firearm and sexual battery, records show. He also is serving a life sentence for the murder of Laura Rosillo in Okaloosa County during the 1996 crime spree.

Since the death warrant was signed, Zack’s attorneys have focused heavily in state and federal courts on his diagnosis of Fetal Alcohol Syndrome. They went to the Florida Supreme Court after Escambia County Circuit Judge Linda Nobles on Aug. 31 rejected the arguments and denied a stay of execution.

In a Supreme Court brief, Zack’s attorneys said “the medical community now recognizes the unique cognitive, practical and social impairments inherent to FASD (fetal alcohol spectrum disorders) as indistinguishable from those of ID (intellectual disability).”

“Due to Mr. Zack’s FAS (Fetal Alcohol Syndrome), the most severe form of FASD, he has functioned as intellectually disabled for the entirety of his life,” the brief said. “He is possessed of a lesser culpability and his execution would violate equal protection and constitute cruel and unusual punishment with no legitimate retributive or deterrent effect. Thus, he is categorically exempt from execution and his death sentence must be permanently set aside.”

But Attorney General Ashley Moody’s office urged the Supreme Court to reject the arguments and Zack’s request for a stay. State lawyers wrote in a brief that Zack, 54, cannot use Fetal Alcohol Syndrome to make an intellectual-disability claim under a key U.S. Supreme Court precedent known as Atkins v. Virginia.

“Zack raises an Eighth Amendment claim seeking to expand Atkins v. Virginia, to include a diagnosis of Fetal Alcohol Syndrome, arguing that it is the functional equivalent of intellectual disability,” the state’s brief said. “The expansion-of-Atkins claim is procedurally barred, untimely, and meritless as a matter of law under this (Florida Supreme) Court’s long-standing precedent.”

In arguing against a stay of execution, Moody’s office also cited a 2018 state constitutional amendment known as “Marsy’s Law,” which included a wide range of issues about victims’ rights. While the Supreme Court rejected a stay Thursday, it did not specifically address the Marsy’s Law arguments.

U.S. District Judge Robert Hinkle last week also refused to block the execution. Zack’s attorneys have appealed to the 11th U.S. Circuit Court of Appeals, which had not ruled as of Thursday morning, according to an online docket.

If Zack’s execution is carried out, he would be the sixth inmate put to death this year in Florida.

Source: News Service of Florida, Jim Saunders, September 22, 2023


_____________________________________________________________________

Home  |  Twitter/X  |  Facebook  |  Telegram  | Contact us






"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."

— Oscar Wilde

Most viewed (Last 7 days)

Florida executes Michael Tanzi

Florida on Tuesday executed a death row inmate described by one local detective as a "fledgling serial killer" for the murder of a beloved Miami Herald employee. Florida executed Michael Tanzi on Tuesday, 25 years after the murder of beloved Miami Herald employee Janet Acosta, who was attacked in broad daylight on her lunch break in 2000.   Michael Tanzi, 48, was executed by lethal injection at the Florida State Prison in Raiford and pronounced dead at 6:12 p.m. ET. 

South Carolina | Man who ambushed off-duty cop to face firing squad in second execution of its kind

Mikal Mahdi, 48, who was found guilty of killing an off-duty police officer and a convenience store worker, is the second inmate scheduled to executed by South Carolina's new firing squad A murderer who ambushed and shot an off duty police officer eight times before burning his body in a killing spree is set to become the second person to die by firing squad. South Carolina's highest court has rejected the last major appeal from Mikal Mahdi, 41, who is to be put to death with three bullets to the heart at 6pm on April 11 at the Broad River Correctional Institution in Columbia. Mahdi's lawyers said his original lawyers put on a shallow case trying to spare his life that didn't call on relatives, teachers or people who knew him and ignored the impact of weeks spent in solitary confinement in prison as a teen.

Afghanistan | Four men publicly executed by Taliban with relatives of victims shooting them 'six or seven times' at sport stadium

Four men have been publicly executed by the Taliban, with relatives of their victims shooting them several times in front of spectators at a sport stadium. Two men were shot around six to seven times by a male relative of the victims in front of spectators in Qala-i-Naw, the centre of Afghanistan's Badghis province, witnesses told an AFP journalist in the city.  The men had been 'sentenced to retaliatory punishment' for shooting other men, after their cases were 'examined very precisely and repeatedly', the statement said.  'The families of the victims were offered amnesty and peace but they refused.'

South Carolina executes Mikal Mahdi

Mikal Mahdi, 42, was executed for the 2004 murder of 56-year-old James Myers A man facing the death penalty for committing two murders was executed by firing squad on Friday, the second such execution in the US state of South Carolina this year. Mikal Mahdi, 42, was executed for the 2004 murder of 56-year-old James Myers, an off-duty police officer, and the murder of a convenience store employee three days earlier. According to a statement from the prison, "the execution was performed by a three-person firing squad at 6:01 pm (2201 GMT)," with Mahdi pronounced dead four minutes later.

USA | Why the firing squad may be making a comeback

South Carolina plans to execute Mikal Mahdi on Friday for the murder of a police officer, draping a hood over his head and firing three bullets into his heart. The choice to die by firing squad – rather than lethal injection or the electric chair – was Mahdi’s own, his attorney said last month: “Faced with barbaric and inhumane choices, Mikal Mahdi has chosen the lesser of three evils.” If it proceeds, Mahdi’s execution would be the latest in a recent string of events that have put the spotlight on the firing squad as a handful of US death penalty states explore alternatives to lethal injection, by far the nation’s dominant execution method.

I spent 16 years in solitary in South Carolina. This is what it did to me. | Opinion

South Carolinian Randy Poindexter writes about the effects 16 years of solitary confinement had on him ahead of South Carolina’s planned execution of Mikal Mahdi , who spent months in solitary as a young man. For 16 years, I lived in a concrete cell. Twenty-three hours a day, every day, for more than 3,000 days, South Carolina kept me in solitary confinement. I was a young man before I was sent to solitary — angry, untreated and unwell. I made mistakes. But I wasn’t sentenced to madness. That’s what solitary did to me. My mental health worsened with each passing day. At first, paranoia and depression set in. Then, hallucinations and self-mutilation. I talked to people who weren’t there. I cut myself to feel something besides despair. I could do nothing as four of my friends and fellow prisoners took their own lives rather than endure another day of torturous isolation.

Louisiana | Lawyers of Jessie Hoffman speak about their final moments before execution

As Louisiana prepared its first execution in 15 years, a team of lawyers from Loyola Law were working to save Jessie Hoffman’s life. “I was a young lawyer three years out of law school, and Jessie was almost finished with his appeals at that time, and my boss told me we needed to file something for Jessie because he’s in danger of being executed,” Kappel said. Kappel and her boss came up with a civil lawsuit to file that said since they wouldn’t give him a protocol for his execution, he was being deprived of due process, and the lawsuit was in the legal process for the next 10 years.

Lethal Injection, Electric Chair, or Firing Squad? An Inhumane Decision for Death Row Prisoners

South Carolina resumed executions with the firing squad killing of Brad Sigmon last month. Mikal Madhi’s execution date is days away. The curtain shrieked as it was yanked open to reveal a 67-year-old man tied to a chair. His arms were pulled uncomfortably behind his back. The red bull’s-eye target on his chest rose and fell as he desperately attempted to still his breathing. The man, Brad Sigmon, smiled at his attorney, Bo King, seated in the front row before guards placed a black bag over his head. King said Sigmon appeared to be trying his best to put on a brave face for those who had come to bear witness.

Execution date set for prisoner transferred to Oklahoma to face death penalty

An inmate who was transferred to Oklahoma last month to face the death penalty now has an execution date. George John Hanson, also known as John Fitzgerald Hanson, is scheduled to die on June 12 for the 1999 murder of 77-year-old Mary Bowles.  The Oklahoma Court of Criminal Appeals on Tuesday set the execution date. The state’s Pardon and Parole Board has a tentative date of May 7 for Hanson’s clemency hearing, executive director Tom Bates said.

Arizona | The cruelty of isolation: There’s nothing ‘humane’ about how we treat the condemned

On March 19, I served as a witness to the execution of a man named Aaron Gunches, Arizona’s first since 2022. During his time on death row, he begged for death and was ultimately granted what is likely more appropriately described as an emotionless state-assisted suicide. This experience has profoundly impacted me, leading to deep reflection on the nature of death, humanity, and the role we play in our final moments. When someone is in the end stages of life, we talk about hospice care, comfort, care, easing suffering and humane death. We strive for a “good death” — a peaceful transition. I’ve seen good ones, and I’ve seen bad, unplanned ones.