Florida Attorney General Ashley Moody’s office Wednesday disputed arguments that convicted murderer Duane Owen should not be put to death because of insanity, as the Florida Supreme Court decides whether to clear the way for his scheduled June 15 execution.
Moody’s office filed a 64-page brief at the Supreme Court, after Owen’s attorneys Tuesday argued that the execution should be blocked because he is not sane.
Owen’s attorneys pointed to the Eighth Amendment, which bars cruel and unusual punishment, and legal precedents that prevent executing people who are not mentally competent.
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But Moody’s office said Wednesday the Supreme Court should uphold a circuit-court decision that said Owen can be executed for the murder of a Palm Beach County woman.
“The record is clear that the overwhelming weight of the evidence in this case demonstrates that Owen is sane to be executed,” the brief from Moody’s office said. “He is aware of the fact of his execution, and that he will die. He also understands why he is being executed. The trial (circuit) court’s findings are more than supported by the record.”
Gov. Ron DeSantis on May 9 signed a death warrant for Owen, 62, in the murder of Georgianna Worden, who was bludgeoned with a hammer and sexually assaulted in her Boca Raton home in May 1984, according to the death warrant and court records.
Owen also was sentenced to death in the March 1984 murder of 14-year-old Karen Slattery, who was babysitting at a Delray Beach home, according to state and federal court documents.
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Slattery was stabbed to death. The Supreme Court on Monday refused to block the execution in a separate appeal dealing with Owen’s competence.
The arguments filed Tuesday and Wednesday stemmed from a legal rule about holding hearings on whether prisoners would be insane at the time of execution.
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