Child killer Mark Dean Schwab faces execution Tuesday

June 29, 2008
Sun-Sentinel
Sarah Lundy|Sentinel Staff Writer

Is lethal injection cruel and unjust punishment?  I personally can’t even consider that the criminal/murderer would think they would have that right, a right they never gave their victim.  After he lead them to the body his only comment was if he could get something from Burger King to eat and drink, That showed such remorse, NOT that hearing that remark made me sick………..flagranny2

Child killer Mark Dean Schwab — who kidnapped, raped and murdered 11-year-old Junny Rios-Martinez of Cocoa — is set to die Tuesday by lethal injection.

His execution marks Florida’s first state killing since the U.S. Supreme Court ruled in April that the commonly used, three-drug lethal cocktail is not cruel and unusual punishment under the U.S. Constitution.

That ruling ended a de facto moratorium on the death penalty that had swept the nation while the high court focused on the issue.

Since the ruling, nine condemned men have been put to death across the country — far fewer than the “bloodbath” death-penalty opponents had feared would follow the decision.

Now, eyes shift to Florida on Tuesday, when Schwab, barring any last minute legal moves, will become the 10th man to die since the ruling.

“There is no question of his guilt, and the law says [lethal injection] is an appropriate punishment,” said Wayne Holmes, a Seminole-Brevard assistant state attorney and prosecutor on the initial Schwab case.

Junny’s parents, Vicki and Braulio “Junny” Rios-Martinez, could not be reached for comment.

For the past 16 years, Schwab has lived in a 6-by-9-foot cell in Florida State Prison in Starke. He joined death row in 1992 after he was convicted of killing Junny, a little boy who loved surfing and baseball.

On April 18, 1991, Schwab called the 11-year-old’s school and identified himself as the boy’s father. He left a message for Junny to go to a baseball field after school. Witnesses said they saw Junny get into a U-Haul with Schwab.

Five days later, Schwab led investigators to the boy’s body, which he hid inside a footlocker in a palmetto thicket in Canaveral Groves, north of Cocoa.

Schwab was originally scheduled to die by lethal injection Nov. 15. The U.S. Supreme Court issued a last-minute stay that postponed the execution while it considered the lethal-injection issue in a case that originated in Kentucky.

Some had hoped the top court’s decision would quash many of the legal challenges to lethal injection. But the closely watched ruling did little to settle the debate, and some say it has actually sparked more on the issue.

“It’s really started the ball rolling,” said Deborah Denno, a law professor at Fordham University and a death-penalty expert. The U.S. Supreme Court “hasn’t changed things that much, but there is a more heated discussion,” she said.

Some states — such as Georgia and Texas — are moving forward with executions this year. Texas has 16 scheduled to die before the end of the year.

Others — such as Ohio and Delaware — are examining the way they carry out capital punishment. Last month, a judge in Ohio became the first in the country to order authorities to stop using the three-drug cocktail and opt for a single, large dose of barbiturate, which is often used in animal euthanasia.

“This may have reverberations in other states,” said Ty Alper, associate director of the death penalty clinic at the University of California Berkeley school of law.

It doesn’t appear that Florida is headed toward the one-dose process yet.

Last year, Florida enacted new and detailed procedures for how to administer the three-drug cocktail after convicted-killer Angel Nieves Diaz needed a second dose of the fatal chemicals and took 34 minutes to die in 2006.

The state responded by requiring more staff training and better monitoring of proceedings in the death chamber.

Schwab will be the first condemned prisoner to enter the chamber since Diaz. There are no other executions scheduled in Florida. But there are 377 Florida prisoners waiting on death row.

Out of options
In 1992, Mark Dean Schwab was sentenced to death in the 1991 slaying of Junny Rios-Martinez, but the execution was delayed by appeals. On Nov. 14, Schwab’s execution was delayed until the U.S. Supreme Court decided whether lethal injection is constitutional. In April, the court ruled it is, and in May, Gov. Charlie Crist ordered that Schwab be executed.

Sarah Lundy can be reached at slundy@orlandosentinel.com or 407-420-6218.

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Update: Alleged Child Rapist’s Case Under Appeal for Dismissal – Stating “Improper Decision to Dismiss” as State felt accused understood English therefore did not need an interpreter

1:45PM 7/23/07

The following information was given today at a news conference on Fox News.

Fox News aired the news conference when State’s Attorney John McCarthy reported his office was appealing the court’s decision of dismissing this case on the grounds that it was an “improper decision” to dismiss the case due to lack of finding an interpreter and in doing so delayed the accused’s right to a speedy trial. 

The reason for this is the fact the accused does speak English.  He sought assylum here in the states where he attended and graduated from high school and continued on to community college for 2 years.  It is the law you can not graduate from high school without being able to speak English.  Since the accused could speak English the court was wrong in delaying the trial for 3 years while trying to find an interpreter.   Even after one had stepped forward just recently the judge still dismissed the case. 

The terrible part is if this case is not allowed to be brought back to trial this could set a precedent for many immigrants whose native language is NOT English.

Alleged Child Rapist Goes Free Because Court Can’t Find Interpreter

Md. Judge Dismisses Sex-Abuse Charges

By Ernesto Londoño
Washington Post Staff Writer
Sunday, July 22, 2007

This is without a doubt one of the worst, if not THE worst case, that shows the quality or “lack of” in our judicial system to allow something as horrible as this to occur.  Not only did it allow this to occur but in my mind this may very well have set a precedent for anyone where English is not their native language. 

Washington Post – Full story 

A 7-year-old girl said she had been raped and repeatedly molested over the course of a year. Police in Montgomery County, acting on information from a relative, soon arrested a Liberian immigrant living in Gaithersburg. They marshaled witnesses and DNA evidence to prepare for trial.

What was missing — for much of the nearly three years that followed — was an interpreter fluent in the suspect’s native language. A judge recently dropped the charges, not because she found that Mahamu Kanneh had been wrongly accused but because repeated delays in the case had, in her view, violated his right to a speedy trial.

“This is one of the most difficult decisions I’ve had to make in a long time,” Katherine D. Savage said from the bench Tuesday, noting that she was mindful of “the gravity of this case and the community’s concern about offenses of this type.”

Loretta E. Knight, the Circuit Court clerk responsible for finding interpreters, said her office searched exhaustively for a speaker of Vai, a tribal language spoken in West Africa.

[Kanneh was granted asylum in the United States, according to State’s Attorney John McCarthy. A conviction could have led to deportation proceedings.]

[Kanneh was arrested in August 2004 after witnesses told police that he raped and repeatedly sexually molested the girl, a relative.

In a charging document, Detective Omar Hasan wrote that the girl “attempted to physically stop the behavior from the defendant, but was unsuccessful.” Hasan wrote that Kanneh threatened the young girl “with not being able to leave the apartment unless she engaged in sexual behavior with the defendant.”]                                                                                                          

Wanted Sex Offender, Mark Petersimes, Caught in Denver

Sunday, July 08, 2007

I can’t begin to count the number of articles I’ve read where criminals have cut off their GPS tracking ankle bracelet and are right back doing whatever it was that earned them the ankle jewerly to being with.  

You would think with all that is available today and so many skilled techies out there that someone couldn’t come up with a device that once it is locked around the ankle there would be no way to cut it off.   I just don’t understand how we can send someone into space yet we can’t make an ankle bracelet that stays on a criminal. – flagranny2

Just two hours before America’s Most Wanted was to air a profile on Mark Petersimes, the sex offender wanted by authorities was caught in Denver.

Petersimes, 47, was arrested Saturday night when an 11-year-old girl went into a Family Dollar store in Lakewood and told a clerk a man had attempted to rape her, according to MyFoxColorado.com.

Click here to see his profile page on America’s Most Wanted.

The clerk confronted Petersimes about the allegation and called police. He attempted to escape, but cops caught up to him and arrested him.

Petersimes had been on the run for more than a year after he escaped from a halfway house in Dallas. He cut off his GPS tracking ankle bracelet and disappeared on May 2, 2006, according to America’s Most Wanted.

His rap sheet extends back to 1981, when he was convicted of attempted rape in North Carolina and served two years.

Most recently, Petersimes was convicted in 1991 of sexually assaulting two young girls and served 12 years. In 2003, after release, he was put in a halfway house. He escaped, and had to serve more jail time. He was then put in another halfway house, but escaped again this past May.

He is being held in a Jefferson county jail on $1 million bond.

Arrest Made in Internet Child Abuse Case(one of the world’s most notorious child molesters)

There is so much bad news out there I’m thinking of starting a page devoted to human interests stories and I’d like for anyone who would like to share a story I’d love to have you contribute. 

Your comments would be appreciated as I think it would be neat to complile stories from all over.  In the meantime, it is articles like this that is good to know that these people are being caught. 

By LARA JAKES JORDAN
ASSOCIATED PRESS WRITER

freeman.jpgWASHINGTON — A man accused of raping his own daughter and posting video of the attack on the Internet was being held in Hong Kong Wednesday in what authorities called the arrest of one of the world’s most notorious child molesters.

Kenneth John Freeman, a 44-year-old former sheriff’s deputy from Washington state, was apprehended by Chinese police Tuesday night using arrest information from U.S. authorities. It’s not clear what Freeman was doing in Hong Kong, but “obviously, he was trying to escape,” said U.S. Marshals Service spokeswoman Nikki Credic.

The Web video of the attack became one of the most widely downloaded child pornography videos in recent years, officials said. Freeman’s daughter is now a teenager who advocates against child sexual abuse, and has appeared on TV to tell her story.

Freeman was one of the fugitives most wanted by both the Marshals and U.S. Immigration and Customs Enforcement.

The Web video was featured on the TV show “America’s Most Wanted,” which in turn triggered calls to the National Center for Missing and Exploited Children that helped identify the girl.

“Freeman will be returned for trial here, where penalties for child exploitation are among the toughest in the world,” said Homeland Security Assistant Secretary Julie Myers, who oversees ICE.

U.S. Marshals director John F. Clark called it a “complex, international case.”

Authorities said Freeman, facing local and federal charges, fled the U.S. last year. Investigators tracked him down in Suzhou, a city in China, where he is believed to have been working at the local office of a U.S.-based company. The U.S. does not have an extradition agreement with the Chinese government to return fugitives to their native nations.

However, such a treaty does exist between the U.S. and Hong Kong. In the last several weeks, investigators discovered Freeman was planning to travel to Hong Kong, where he was arrested on his arrival at the airport, officials said. Trying to flee, he injured four Chinese police officers while resisting arrest, officials said.

Credic said it was not clear when Freeman would be returned to the U.S.

His arrest follows more than a year of investigation by the Marshals, ICE, the State Department and the Benton County Sheriff’s office in Washington state.

On the Net:

U.S. Marshals Service: http://www.usmarshals.gov/news/chron/2007/050207.htm

Immigration and Customs Enforcement: http://www.ice.gov/

America’s Most Wanted: http://www.amw.com/captures/brief.cfm?id=41919

National Center for Missing and Exploited Children: http://www.missingkids.com/