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.

BREAKING NEWS UPDATE:Bobby Cutts Jr. Found Guilty of Killing Pregnant Girlfriend Jessie Davis

Friday, February 15, 2008

  Request for Mistrial Denied !!!

CANTON, Ohio  —  A former police officer who tearfully told jurors he accidentally killed his pregnant lover was convicted Friday of murdering her and their unborn child.Bobby Cutts Jr. could face the death penalty. He had claimed he accidentally killed Jessie Davis by putting an elbow to her throat, then panicked.

Click here for photos.

Cutts, 30, was convicted of aggravated murder in the death of the nearly full-term female fetus, which carries the possible death penalty. Jurors will return later this month to weigh a sentencing recommendation.

The jury found him not guilty of aggravated murder in Davis’ death, a count that includes intent to kill with prior calculation. But they convicted him of a lesser charge of murder in her death.

Defense attorneys asked Stark County Common Pleas Judge Charles E. Brown Jr. to declare a mistrial because the differing verdicts on the two counts.

Brown rejected the request, saying the allegations involved separate individuals: Davis and the fetus.

Jurors reached their decision on their fourth day of deliberations. Cutts sat with his hands on his lap and held his head erect without emotion as the verdicts were read.

Prosecutors told the jury that Cutts killed Davis, 26, last June at her Lake Township home to get out of child support payments for a fourth child.

The couple’s 2 1/2-year-old son, Blake, who was found home alone, gave investigators their first clues to his mother’s disappearance when he said, “Mommy’s crying. Mommy broke the table. Mommy’s in the rug,” and, later, “Daddy’s mad.”

For more than a week, Cutts, then an officer on the Canton police force, denied knowledge of her whereabouts as thousands searched in the area. He finally led authorities to the body, wrapped in a comforter and dumped in a park about 20 miles from her home.

Cutts testified for four hours Monday, saying tearfully [continued]

Sheriff: Louisiana Man Who Died Trying to Hide Murders Killed 3 Wives

Monday, May 07, 2007

COVINGTON, La. — A 78-year-old man who died after setting a fire to hide the murders of his third wife and her brother had killed two previous wives, a sheriff says.

Everette Simpson had served a total of 20 years for the two killings.

He spent nine years in a California prison for second-degree murder of his first wife, who was hacked 16 times with a butcher knife in 1960, and 11 years in Louisiana for manslaughter of his second wife, attacked with knife and hatchet and then smothered with a pillow in 1983, authorities said.

He died of smoke inhalation April 3. Estelle Simpson, 69, and her brother, Allen Martin, 75, were bludgeoned in their sleep.

“This is incredibly frustrating for people who spend their careers chasing these monsters,” St. Tammany Parish Sheriff Jack Strain said Friday. “Everyone deserves a second chance, but when you start letting out cold-blooded murderers not once but twice, you’ve got to wonder what’s going on.”

Simpson was charged in 1960 with first-degree murder of Virginia Hudson, 35, in Los Angeles, and was convicted of second-degree murder, Strain said. He pleaded guilty in 1983 to manslaughter of Ruby Richardson in Shreveport, the sheriff said.

“We know he committed at least three horrible murders,” the sheriff said. “I don’t know if that qualifies him as a serial killer, but there’s certainly the possibility that he killed others that we don’t know about.”

The Simpsons had been married for 10 years.

Martin’s and Estelle Simpson’s relatives were stunned by word of the previous convictions.

“Why in the world was he walking the streets as a free man? That’s utterly unbelievable,” said Earl Martin Sr., a cousin who lives in Lanham, Md. “It’s absolutely beyond my comprehension.”

Relatives said Simpson was upset that his brother-in-law had moved in with them about a year ago after he suffered a stroke and had to start using a walker.

Strain said it’s unclear whether that precipitated the killings.

“We know he already had a clear pattern of forming relationships with women and then killing them,” Strain said. “His actions may have been driven more by something in his psychological makeup than any specific problems with his wife.”

Information source: FOXNews.com