Mark D. Schwab is scheduled to die

Mark D. Schwab is scheduled to die

Mark Dean Schwab could be the first to die by lethal injection since Angel Diaz. Lethal injection was put on hold by the Governor after the Diaz execution.

However, the State now has new policy and procedures in place that could be tested on Tuesday.

Mark Schwab, 39, has been on death row for 16 years. He was sentenced to death in the 1991 kidnapping, rape and murder of an 11 year old boy.




Schwab and his attorneys aren’t so sure the problems have been fixed. The attorney, Mark Gruber, who is state paid said that an analysis done for Schwab showed that 9 out of the 30 mock executions were failures.

Schwab’s legal options are running out. The Florida Supreme Court on Friday rejected his latest appeal claiming the new procedure still carried the risk of causing intense pain and suffering.

Now the state has argued successfully in several courts that the procedure meets all constitutional tests against cruel and unusual punishment and Schwab cannot raise that issue again.

Once Schwab’s appeal was rejected by the Supreme Court it is expected they will turn to the federal courts. The U.S. Supreme Court has allowed eight lethal injections to continue since upholding the Kentucky case.

Family of Schwab's victim are counting down the days to execution with a timer on a Web site devoted to the boy. They've been through years of appeals, and they decided not to comment on the latest.

"The roller coaster has begun, and we don't want to get on," Vickie Rios-Martinez, Junny's mother, said recently.
Schwab raped and killed Junny a month after he was released early from a prison sentence he got for raping a 13-year-old boy, who was from Cocoa, a small town on the Atlantic coast of Florida.

Schwab got close to the boy and his family by posing as a reporter who promised to help the boy with his dream of becoming a professional surfer. On the day of the rape and murder, Schwab called the boy's school posing as his father, then picked him up there.

The case prompted Florida's Junny Rios-Martinez Act of 1992, which prohibits sex offenders from early release from prison or getting credit for good behavior.
Schwab's execution is to be held at the state's death chamber in Starke.

According to the DOC web site

Florida Department of Corrections Website




Inmate Population Information Detail
(This information was current as of 6/22/2008)




DC Number: 111129
Name: SCHWAB, MARK D
Race: WHITE
Sex: MALE
Hair Color: BROWN
Eye Color: BLUE
Height: 6'01''
Weight: 156 lbs.
Birth Date: 12/16/1968
Initial Receipt Date: 07/01/1992
Current Facility: FLORIDA STATE PRISON
Current Custody: MAXIMUM
Current Release Date: DEATH SENTENCE



________________________________________
Aliases:
MARK D SCHWAB MARK DEAN SCHWAB

Scars, Marks, and Tattoos:
Type Location Description
TATTOO LEFT ARM BART SIMPSON UPPER ARM
TATTOO RIGHT ARM HEART BREAKER W/KNIFE & HEART

Current Prison Sentence History:
Offense Date Offense Sentence Date County Case No. Prison Sentence Length
04/18/1991 1ST DG MUR/PREMED. OR ATT. 07/01/1992 BREVARD 9107249 DEATH SENTENCE
04/18/1991 SEX BAT BY ADULT/VCTM UNDER 12 07/01/1992 BREVARD 9107249 SENTENCED TO LIFE
04/18/1991 KIDNAP V<13/AGG.CHLD ABUSE 07/01/1992 BREVARD 9107249 SENTENCED TO LIFE
07/20/1987 SEX BAT/ WPN. OR FORCE 07/01/1992 BREVARD 8703147 SENTENCED TO LIFE

Note: The offenses descriptions are truncated and do not necessarily reflect the crime of conviction. Please refer to the court documents or the Florida Statutes for further information or definition.
Detainers: (Further information may be obtained by contacting the detaining agency)
Detainer Date Agency Type Date Canceled
01/24/1990 NTFY:18-2 COCOA P&P NTFY/P&P 03/04/1991

Incarceration History:
Date In-Custody Date Out-of-Custody
04/05/1988 03/04/1991
07/01/1992 Currently Incarcerated

Prior Prison History: (Note: Data reflected covers periods of incarceration with the Florida Dept.of Corrections since January of 1983)
Offense Date Offense Sentence Date County Case No. Prison Sentence Length
07/20/1987 SEX BAT/ WPN. OR FORCE 03/16/1988 BREVARD 8703147 8Y 0M 0D