TALLAHASSEE – Rejecting arguments about Loss of life Row inmate Duane Owen’s mental competency, the Florida Supreme Courtroom on Monday refused to block subsequent week’s planned execution of Owen in the 1984 murder of a Palm Seaside County female.
Justices unanimously upheld a circuit judge’s ruling that, in aspect, observed concerns about Owen’s competency ended up resolved in previously appeals. Also, the Supreme Court docket denied a ask for by Owen’s lawyers for a keep of execution.
As an case in point, the Supreme Courtroom dominated that a claim by Owen about brain injury “does not constitute recently learned evidence” below lawful tests. It cited arguments about mind hurt as considerably back again as 1997.
“Without a doubt, some type of the proof that Owen believes he could now uncover by brain imaging could have been learned whenever throughout the previous several decades,” the ruling said.
Justice Jorge Labarga was recused from the scenario. Whilst the ruling did not explain the recusal, Labarga is a former Palm Beach front County prosecutor and circuit decide.
Gov. Ron DeSantis on May perhaps 9 signed a dying warrant for Owen, 62, in the murder of Georgianna Worden, who was bludgeoned with a hammer and sexually assaulted in her Boca Raton property in May 1984, in accordance to the death warrant and court docket information.
Owen also was sentenced to demise in the March 1984 murder of 14-12 months-previous Karen Slattery, who was babysitting at a Delray Beach front house, according to point out and federal courtroom files. Slattery was stabbed to dying.
The execution is scheduled for June 15 at Florida Point out Jail.
Owen’s lawyers final month submitted a 62-website page brief at the Supreme Courtroom arguing that Owen really should be shielded from execution due to the fact of psychological ailment and mind hurt. The short contended that Owen’s thanks-course of action legal rights had been violated since “no jury or court at any time listened to Owen’s powerful mitigation” similar to his psychological condition.
“Even though Owen submits that he should really not have produced it to this stage of the attraction as he is incompetent to commence, Owen’s declining psychological problem, schizophrenia, and fastened delusions also location Owen outside the house of the class of folks authorized to be executed since he lacks the sanity to be executed,” the temporary stated.
But Legal professional Typical Ashley Moody’s business urged the Supreme Court docket to reject the arguments, expressing in a temporary that details about Owen’s psychological health has extensive been recognized and that “re-litigation of statements premised on ‘new facts and testing’ is barred.”
DeSantis on Could 22 issued a short term stay of execution and appointed a few psychiatrists to evaluate Owen’s competency. He later issued an executive get to dissolve the continue to be, declaring the psychiatrists concluded that Owen “has the mental capacity to fully grasp the mother nature of the death penalty and the factors why it is to be imposed on him.”
