Lawyers for a death row convict in Florida are seeking to delay his execution next week, arguing that it would be ‘unconstitutional’ due to the prisoner’s morbid obesity, which could complicate the planned lethal injection.
Aged 48 years, the death row convict Michael Tanzi is set to be executed on April 8, 2025.
According to New York Post, Tanzi has been on death row since he was found guilty and sentenced for the murder of 49-year-old Janet Acosta in 2003. He is an inmate of the Florida State Prison.
Tanzi’s lawyers are trying to halt the convict’s scheduled execution, citing his weight and heatlh conditions. They argued that Florida State Prison’s lethal injection procedure might not work because of Tanzi’s weight, highlighting that a sedation drug might not fully take effect and leave him ‘paralysed but aware’ during the process, reported CBS News.
‘US Constitution’s eighth amendment would be violated’
Tanzi’s lawyers stated that his execution by lethal injection would violate US Constitution’s Eighth Amendment.
“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,” reads the lawyers’ appeal, reported NBS News.
“Executing Mr. Tanzi using the existing protocols is likely to cause serious illness and needless suffering,” added the lawyer’s statement.
What is US Constitution’s Eighth Amendment?
According to the Congress.gov website, the Eighth Amendment of the US Constitution, prohibits cruel and unusual punishments deemed inhumane or too severe for the crime committed.
It also prevents courts from setting bail amounts that are unreasonably high, and ensures that fines are not disproportionately large in relation to the offense.
What did Florida State Prison say?
The Florida Attorney General’s office, however, stated that Tanzi’s legal team has not demonstrated that Florida’s lethal injection protocol violates the Eighth Amendment’s ban on cruel and unusual punishment.
“Tanzi fails to provide any evidence to support his unfounded claim that the large dose of etomidate—repeatedly and successfully used in Florida’s lethal injection protocol—will not be effective for him,” the state argued, stated CBS News.
Executing Mr. Tanzi using the existing protocols is likely to cause serious illness and needless suffering.
The court documents also pointed out that Tanzi raised this issue just a week before his scheduled execution.
According to Florida law, executions must be carried out either by lethal injection or the electric chair, as reported by CBS News.
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