Legal professionals for a dying row inmate in Florida are attempting to remain his execution subsequent week, arguing that it could be unconstitutional given the prisoner’s morbid weight problems, which may complicate his deliberate deadly injection.
Convicted killer Michael Tanzi, 48, is about to be executed on April 8, until the court docket intervenes.
Tanzi has been on dying row since he was discovered responsible and sentenced for the homicide of 49-year-old Janet Acosta in 2003.
He took her hostage after threatening her with a razor blade and proceeded to sexually assault and strangle her in her personal automotive earlier than abandoning her physique in a wooded space close by in April 2000, in keeping with prosecutors.
Tanzi is meant to face execution by deadly injection subsequent week, however his protection argued it could violate the Eighth Modification, which protects towards types of merciless and weird punishment.
An attraction filed final Monday cites the inmate’s litany of well being points spurred by his weight problems, together with “severe chronic sciatica […] hyperlipidemia, uncontrolled hypertension, and gastroesophageal reflux disease.”
“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. Executing Mr. Tanzi using the existing protocols is likely to cause serious illness and needless suffering,” the attraction learn.
The legal professionals didn’t specify how a lot Tanzi presently weighs, however sometimes, individuals with a physique mass index increased than 30 are thought-about overweight, in keeping with the World Well being Group.
Florida Legal professional Common James Uthmeier swiftly denied Tanzi’s attraction for reduction simply two days after it was filed.
Uthmeier wrote that the authorized workforce didn’t current enough proof and famous that in the event that they have been actually involved, that they had ample time to boost these issues earlier.
Tanzi’s workforce is now trying to the court docket to reverse Uthmeier’s refusal.
The killer’s execution could be the third in Florida this yr.
Edward James was executed by deadly injection on March 21 for the rape and homicide of an 8-year-old lady and her grandmother. His authorized protection additionally argued that executing him would violate the Eighth Modification due to his steep “cognitive decline.”
On Valentine’s Day, James Dennis Ford was executed by deadly injection for the 1997 homicide of a pair within the presence of their toddler.
