In what would be Florida’s sixth execution this year, Gov. Ron DeSantis on Thursday signed a death warrant for an inmate convicted in the 1996 murder of a woman he met in an Escambia County bar.

Florida Attorney General Ashley Moody Urges Rejection Of Death Penalty Appeal

Florida Attorney General Ashley Moody’s office on Wednesday urged the Florida Supreme Court to reject arguments that the scheduled Oct. 3 execution of Michael Duane Zack should be blocked because he has a disability.
Michael Duane Zack (FDLE)

Florida Attorney General Ashley Moody’s office on Wednesday urged the Florida Supreme Court to reject arguments that the scheduled Oct. 3 execution of Michael Duane Zack should be blocked because he has a disability.

Zack’s attorneys contend that Zack suffered Fetal Alcohol Syndrome when his pregnant mother drank alcohol and that putting him to death would violate a constitutional ban on executing people who are intellectually disabled.

The U.S. Supreme Court, in a 2002 case known as Atkins v. Virginia, said executing people with intellectual disabilities would violate the Eighth Amendment ban on cruel and unusual punishment.

In the news :Florida AG Ashley Moody Says Biden Admin Issued Secret Plan On ‘Mass-Release Quotas’ For Migrants

But Moody’s office, in a 77-page brief Wednesday, disputed Zack’s arguments on a number of grounds, including saying that his intellectual-disability claim has been rejected in past appeals.

Also, it said Zack, 54, cannot use Fetal Alcohol Syndrome to make an intellectual-disability claim under the Atkins v. Virginia precedent.

“Zack raises an Eighth Amendment claim seeking to expand Atkins v. Virginia, to include a diagnosis of Fetal Alcohol Syndrome, arguing that it is the functional equivalent of intellectual disability,” the brief said. “The expansion-of-Atkins claim is procedurally barred, untimely, and meritless as a matter of law under this (Florida Supreme) Court’s long-standing precedent.”

Gov. Ron DeSantis on Aug. 17 signed a death warrant for Zack in the 1996 Escambia County murder of Ravonne Smith during a crime spree that also included killing another woman.

A jury in September 1997 convicted Zack of first-degree murder, robbery with a firearm and sexual battery, records show. He also is serving a life sentence for murdering the other woman in Okaloosa County.

Android Users, Click To Download The Free Press App And Never Miss A Story. Follow Us On Facebook and Twitter. Signup for our free newsletter. 

We can’t do this without your help; visit our GiveSendGo page and donate any dollar amount; every penny helps

Login To Facebook To Comment