A man who has been sentenced to death has had his lawyers question the execution method.
Michael Tanzi, 48, is currently on Death Row for the Florida murder of a woman in 2000.
Now, the man’s legal team are trying to halt the process, as they believe contributing factors could cause ‘needless suffering’ for the prisoner.
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Tanzi was convicted of kidnapping and murdering Janet Acosta.
According to the Associated Press, he attacked Acosta while she was seated inside her parked van and threatened her with a razor blade.
He then bound and gagged her and took control of her vehicle in a bid to drive towards Florida Keys.
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During the carjacking, he sexually assaulted Acosta, and also stole money from her by using her bank card to withdraw cash.
He then strangled Acosta and disposed of her body in the Keys, before driving south to visit his friends.
It was only after a missing person’s report was filed for the woman that he was arrested, as he had been seen driving her van.
Gov. Ron DeSantis was the official to sign his death warrant for execution on March 10, with the date scheduled for April 8.
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However, his lawyers filed to stop it from proceeding as his alleged weight and health conditions could lead to the lethal injection causing him pain.
They argue that Florida's lethal injection procedure may not work as intended because of his weight, and that the sedation drug contained within the cocktail might not fully take effect.
At that point, it has the potential to leave him ‘paralyzed but aware’ as the other drugs are administered.
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"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.
"Executing Mr. Tanzi using the existing protocols is likely to cause serious illness and needless suffering."
However, the Florida attorney general's office responded to the plea, and waved away their claims.
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They explained that Tanzi's legal team did not show that the state's lethal injection protocol would violate the ban on cruel and unusual punishment, which are outlined in the U.S. Constitution.
The state clarified: "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.”
Court documents also show that Tanzi only filed the complaint one week before he was scheduled to be executed.
Under the Eighth Amendment titled ‘Cruel and Unusual Punishment’, it states that: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
However, Tanzi’s team is banking on the ‘cruel’ aspect of the death method, as if the prisoner is in pain during his execution, it would break the constitution.
At the moment, despite the filings, no update has stated that Tanzi’s execution will not go ahead as planned.
Britt Jones