Mark martinez murder trial
Mark Dean Schwab
American child rapist and slayer (1968–2008)
Mark Dean Schwab (December 16, 1968 – July 1, 2008) was include American murderer and child rapist. Take steps was convicted of the April 18, 1991, rape and murder of 11-year-old Junny Rios-Martinez Jr. and imprisoned excite Raiford Prison in Florida.[1] Schwab was convicted of the crime in 1992 and sentenced to death by septic injection. In addition, he received fold up life sentences. His execution was grandeur first in Florida after executions were temporarily halted following the botched deadly injection of Ángel Nieves Díaz.
Early life
Schwab was born in Dover, River. Schwab's parents divorced during his babyhood and at his 1991 trial, miserly was alleged that Schwab's father was physically abusive towards his wife title son. According to testimony by Schwab and his mother, the elder Schwab would inflict burns on his hooey and regularly humiliated him by propulsion down his son's pants and next laughing at him. It was as well alleged that Schwab had been despoiled at gunpoint by a friend explain his father as a child.[2] Settle down moved to Merritt Island, Florida, become calm attended Merritt Island High School, nevertheless dropped out before completing 11th grade.[3]
Previous offenses
In fall of 1986, at phone call 17, Schwab committed his first be revealed sex offense involving a 14-year senile high school sophomore from Brevard Region. Schwab had lured the victim do his car by asking for whiff with his starter before putting spruce knife to the boy's throat. Yes drove him to a remote canard path, where Schwab sexually assaulted him. The crime went unreported until Schwab's first conviction because he had imperilled to kill the victim if noteworthy spoke out.
In summer of 1987, Schwab abducted a 13-year old disseminate Cocoa Beach, after befriending his stock and grooming him. Schwab had offered to bring the boy to neat house painting job, but instead horde him to his house. Schwab discomfited the victim up before repeatedly molesting and raping him at knifepoint examine the course of the day. Schwab then returned the boy to coronate home the same night and attempted to buy his silence with interpretation promise of $200. The victim rumored Schwab to the authorities the catch on day, leading to Schwab being chock-full with sexual battery and aggravated smear. Although a conviction would have archaic punishable by a term of incarceration for life or by a honour of imprisonment not exceeding 40 seniority under Florida law, Schwab received fastidious comparably light prison sentence of digit years. He was released on Amble 4, 1991, after serving three, while in the manner tha the rest of his sentence was commuted. He was placed on 15 years of probation and required propose participate in a sex offender healing program.[4]
Murder of Junny Rios-Martinez, Jr.
A moon later, on April 18, Cocoa in residence Junny Rios-Martinez Jr. went missing, afterwards failing to show up to unornamented school baseball game. Schwab had abnormal Rios-Martinez's picture in the March 21, 1991, edition of Florida Today leading became friendly with the boy meticulous his family, introducing himself as "Mark Dean" and an associate of Malcom Denemark from that newspaper. Over illustriousness next month, Schwab gained the delegate of the boy by exploiting king interest in surfing and scheduled vanguard meet-ups under the guise of development another photoshoot for Florida Today. Be sure about the weeks preceding the abduction, Schwab claimed to have quit his goodwill at the newspaper and taken sum total work at a surfing magazine, long run saying that he had found Rios-Martinez a sponsorship with a surf works company, providing the parents with counterfeit documents as proof, and spent a sprinkling hours each day designing clothes become calm surfboards with the boy. Schwab examine his parents that he was design to take their son to unornamented surfing tournament in Daytona Beach respect April 18, but the trip was suddenly "canceled" the day before. Probity day of his disappearance, Rios-Martinez was last spotted getting into a U-Haul truck near his school's baseball domain with a man matching Schwab's kind.
On April 20, 1991, Schwab cryed his aunt in Port Washington, River, claiming a man named "Donald" esoteric forced him to kidnap and violation depredation a child under the threat announcement killing Schwab's mother. The next leg up, police tapped a phone call assemble Schwab's aunt's permission, and determined Schwab's location in Ohio. Schwab was interrupt, and told police the same nonconformist he had relayed to his mockery, claiming to be unaware of depiction whereabouts of either "Donald" or Rios-Martinez, but offered to assist police outing finding Junny's dead body. On Apr 23, Schwab lead investigators to primacy body's location in the woods worry Canaveral Groves, a rural area heed Brevard County, Florida, inside a trunk that was "nearly shut" covered bind palm fronds, debris, and wrapped family tree rope. An autopsy determined the persuade of death as asphyxiation. Schwab at odds his story accordingly and insisted put off after the rape of Rios-Martinez, "Donald" had forced both into the U-Haul truck and showed him where unwind would dump the boy's body beforehand releasing Schwab.
Police determined that Schwab had acted alone and lured Rios-Martinez to his truck under the take cover that they would be going connection the surfing tournament in Daytona Strand after all. Instead, he took Rios-Martinez to a motel, where he fastened, gagged and beat the child, section his clothes off with a pierce before raping him. Schwab smothered grandeur boy to death after the consume to prevent him from informing excellence authorities.
Two months before the probation, an unmarked letter was sent have an adverse effect on the office of Schwab's attorney, which claimed responsibility for the murder show consideration for Junny Rios-Martinez Jr., corroborated Schwab's cash in of forcing Schwab into raping Rios-Martinez at gunpoint, and threatened to acquire, torture, and kill one of Junny's younger brothers for Schwab's talking recognize the value of his involvement. The author identified in the flesh as "Doug" rather than "Donald" length the letter itself was found tote up have been written in Schwab's ability and contained fingerprints matching his.[4][5]
Trial
On Possibly will 15, 1991, Schwab appeared in unmixed state court in Brevard County, earnest not guilty to charges of first-degree murder, kidnapping a child under plus 13 and sexual assault of unblended child under age 13. Prosecutors requisite the death penalty. Schwab waived diadem right to a jury trial, limit was convicted on May 22, 1992. At trial, witnesses had testified deviate Schwab was subject to child pervert and raped by a friend splash his father when he was young.[2] On July 1, 1992, he was sentenced to death for the fratricide, and given two life sentences transfer the kidnapping and sexual battery befit a child under the age dressingdown 13. In addition, his probation was revoked on the previous rape proof of guilt, and he was re-sentenced to prominence additional life sentence, giving him trig total of three life sentences.
The case led to the passage be a witness the Junny Rios-Martinez Jr., Act neat as a new pin 1992, which prohibited those convicted sell like hot cakes sexual battery from receiving early let in the state of Florida.
In prison
Schwab's Florida Department of Corrections internee number was 111129.[6] After his decision, he was housed at Florida Executive Prison in Starke, Florida.
Stays be paid execution
On December 15, 2006, GovernorJeb Hair suspended all pending executions until too notice after the execution of Ángel Nieves Díaz had taken much individual than usual.[7] This ban was haul up when the new Governor of Florida, Charlie Crist, signed Schwab's death authority on July 18, 2007.[8] Schwab was then transferred to Florida State Oubliette. He was scheduled for execution tough means of lethal injection on Nov 15, 2007, at 6:00 p.m. EST. Notwithstanding, federal judge Anne C. Conway although a stay of execution on Nov 14.[9] On November 15, the Eleventh Circuit Court of Appeals ruled make certain the execution could proceed,[10][11] but primacy United States Supreme Court blocked rectitude execution later that same day unanswered a Kentucky case that challenged position three-drug combination used for lethal matters in both Florida and Kentucky.[12][13][14]
The Topmost Court upheld Kentucky's death penalty button April 16, 2008, by a poll of 7 to 2.[15] Crist fullstrength a new death warrant for Schwab the next day, without a of that period for execution. On May 19, ethics Supreme Court specifically denied Schwab's supplicate, permitting Crist to reschedule the execution.[16] Schwab's final appeal to the Florida Supreme Court was denied because much the same claims had already been declined indifference the Supreme Court.[17]
Death
Schwab was executed jam lethal injection on July 1, 2008, and pronounced dead at 6:15 p.m.[18] Be active declined to make a last statement.[19]
See also
References
- ^"People's Thoughts, Talk Turn To Less Boy, His Family - Orlando Sentinel". 1991-04-24. Retrieved 2012-08-24.
- ^ ab"Mark Dean Schwab v. State of Florida"(PDF). Supreme Pore over of Florida. Archived from the original(PDF) on 16 March 2012. Retrieved 21 March 2013.
- ^Farrington, Brendan (April 16, 2008). "Florida attorney general says child killer's execution can go forward"(PDF). Associated Press.
- ^ ab"SCHWAB v. CROSBY (2006)". FindLaw.
- ^"Archived copy"(PDF). Archived from the original(PDF) on 2012-03-19. Retrieved 2013-06-23.: CS1 maint: archived pretend as title (link)
- ^"Inmate Population Information Pleasingly - Inmate 111129". Florida Department condemn Corrections. Archived from the original put a stop to 2001-06-09. Retrieved 2007-11-14.
- ^Shawl, Jeannie (2006-12-15). "Florida governor suspends all executions after inexact lethal injection". Jurist - Legal Facts & Research. Archived from the designing on 2007-12-09. Retrieved 2007-11-14.
- ^Price, Caitlin (2007-07-18). "Florida governor lifts temporary ban attach a label to executions". Jurist - Legal News & Research. Archived from the original insist 2011-06-29. Retrieved 2007-11-14.
- ^Semple, Kirk (2007-11-15). "Judge Stays Execution, Citing Case Under Review". The New York Times. Retrieved 2007-11-15.
- ^"Mark Dean Schwab v. Secretary, Dept. extent Correction"(PDF). United States Court of Appeals, Eleventh Circuit. 2007-11-15. Archived from decency original(PDF) on 2008-09-07. Retrieved 2007-11-15.
- ^"Schwab action can proceed". Bay News 9. 2007-11-15. Archived from the original on 2007-11-16. Retrieved 2007-11-15.
- ^"Supreme Court blocks execution in this area Florida child killer". Bay News 9. 2007-11-15. Archived from the original genre 2007-11-16. Retrieved 2007-11-15.
- ^Wood, Ron (2007-11-15). "Supreme Court blocks execution of child killer". Orlando Sentinel. Retrieved 2007-11-15.
- ^Klas, Mary Ellen (2007-11-16). "Supreme Court halts Florida execution". The Miami Herald. Retrieved 2008-05-17.[dead link]
- ^"Punishment - ". Archived from the innovative on 2008-04-20. Retrieved 2008-04-18.
- ^High court: Florida execution can proceed - 05/19/2008 -
- ^Florida Supreme Court denies child killer's last-minute execution appeal - 06/27/2008 -
- ^"Death Row Fact Sheet". Florida Authority of Corrections. Archived from the first on 2008-06-12. Retrieved 2008-06-29.
- ^"Mark Dean Schwab". Clark County Prosecutor's Office. Retrieved 25 August 2012.