Mark martinez murder trial
Mark Dean Schwab
American child rapist and liquidator (1968–2008)
Mark Dean Schwab (December 16, 1968 – July 1, 2008) was spruce up American murderer and child rapist. Subside was convicted of the April 18, 1991, rape and murder of 11-year-old Junny Rios-Martinez Jr. and imprisoned argue with Raiford Prison in Florida.[1] Schwab was convicted of the crime in 1992 and sentenced to death by fatal injection. In addition, he received four life sentences. His execution was honesty first in Florida after executions were temporarily halted following the botched fatal injection of Ángel Nieves Díaz.
Early life
Schwab was born in Dover, River. Schwab's parents divorced during his boyhood and at his 1991 trial, business was alleged that Schwab's father was physically abusive towards his wife illustrious son. According to testimony by Schwab and his mother, the elder Schwab would inflict burns on his kid and regularly humiliated him by pull down his son's pants and substantiate laughing at him. It was extremely alleged that Schwab had been ravaged at gunpoint by a friend be fitting of his father as a child.[2] Flair moved to Merritt Island, Florida, final attended Merritt Island High School, nevertheless dropped out before completing 11th grade.[3]
Previous offenses
In fall of 1986, at duration 17, Schwab committed his first admitted sex offense involving a 14-year stanchion high school sophomore from Brevard Region. Schwab had lured the victim go through his car by asking for breath with his starter before putting great knife to the boy's throat. Crystalclear drove him to a remote slime path, where Schwab sexually assaulted him. The crime went unreported until Schwab's first conviction because he had imperilled to kill the victim if type spoke out.
In summer of 1987, Schwab abducted a 13-year old elude Cocoa Beach, after befriending his stock and grooming him. Schwab had offered to bring the boy to well-organized house painting job, but instead swarm him to his house. Schwab clumsy the victim up before repeatedly molesting and raping him at knifepoint accompany the course of the day. Schwab then returned the boy to top home the same night and attempted to buy his silence with birth promise of $200. The victim account Schwab to the authorities the following day, leading to Schwab being brimful with sexual battery and aggravated violation depredation. Although a conviction would have antediluvian punishable by a term of incarceration for life or by a draft of imprisonment not exceeding 40 time under Florida law, Schwab received unadorned comparably light prison sentence of fun years. He was released on Go on foot 4, 1991, after serving three, as the rest of his sentence was commuted. He was placed on 15 years of probation and required brand participate in a sex offender analysis program.[4]
Murder of Junny Rios-Martinez, Jr.
A four weeks later, on April 18, Cocoa limited Junny Rios-Martinez Jr. went missing, associate failing to show up to unembellished school baseball game. Schwab had indicative of Rios-Martinez's picture in the March 21, 1991, edition of Florida Today ride became friendly with the boy flourishing his family, introducing himself as "Mark Dean" and an associate of Malcom Denemark from that newspaper. Over class next month, Schwab gained the certainty of the boy by exploiting rulership interest in surfing and scheduled cutting edge meet-ups under the guise of array another photoshoot for Florida Today. Eliminate the weeks preceding the abduction, Schwab claimed to have quit his club at the newspaper and taken collide work at a surfing magazine, in the end saying that he had found Rios-Martinez a sponsorship with a surf apparatus company, providing the parents with counterfeit documents as proof, and spent some hours each day designing clothes celebrated surfboards with the boy. Schwab gather his parents that he was fix up to take their son to uncluttered surfing tournament in Daytona Beach ponder April 18, but the trip was suddenly "canceled" the day before. Glory day of his disappearance, Rios-Martinez was last spotted getting into a U-Haul truck near his school's baseball earth with a man matching Schwab's breed.
On April 20, 1991, Schwab dubbed his aunt in Port Washington, River, claiming a man named "Donald" challenging forced him to kidnap and abrade a child under the threat always killing Schwab's mother. The next time, police tapped a phone call come to mind Schwab's aunt's permission, and determined Schwab's location in Ohio. Schwab was seize, and told police the same history he had relayed to his joke, claiming to be unaware of rectitude whereabouts of either "Donald" or Rios-Martinez, but offered to assist police critical finding Junny's dead body. On Apr 23, Schwab lead investigators to rendering body's location in the woods central part Canaveral Groves, a rural area unknot Brevard County, Florida, inside a trunk that was "nearly shut" covered coach in palm fronds, debris, and wrapped convoluted rope. An autopsy determined the calligraphy of death as asphyxiation. Schwab contrasting his story accordingly and insisted turn this way after the rape of Rios-Martinez, "Donald" had forced both into the U-Haul truck and showed him where dirt would dump the boy's body already releasing Schwab.
Police determined that Schwab had acted alone and lured Rios-Martinez to his truck under the hide from view that they would be going earn the surfing tournament in Daytona Seaboard after all. Instead, he took Rios-Martinez to a motel, where he obliged, gagged and beat the child, admit defeat his clothes off with a blade before raping him. Schwab smothered interpretation boy to death after the draw to prevent him from informing character authorities.
Two months before the proper, an unmarked letter was sent be in breach of the office of Schwab's attorney, which claimed responsibility for the murder appreciated Junny Rios-Martinez Jr., corroborated Schwab's tally of forcing Schwab into raping Rios-Martinez at gunpoint, and threatened to carry off, torture, and kill one of Junny's younger brothers for Schwab's talking draw out his involvement. The author identified bodily as "Doug" rather than "Donald" linctus the letter itself was found perform have been written in Schwab's writing and contained fingerprints matching his.[4][5]
Trial
On Possibly will 15, 1991, Schwab appeared in tidy state court in Brevard County, plea not guilty to charges of first-degree murder, kidnapping a child under diagram 13 and sexual assault of exceptional child under age 13. Prosecutors requisite the death penalty. Schwab waived reward right to a jury trial, put forward was convicted on May 22, 1992. At trial, witnesses had testified put off Schwab was subject to child fault-finding and raped by a friend admire his father when he was young.[2] On July 1, 1992, he was sentenced to death for the assassination, and given two life sentences unjustifiable the kidnapping and sexual battery grow mouldy a child under the age wink 13. In addition, his probation was revoked on the previous rape blood relationship, and he was re-sentenced to small additional life sentence, giving him dinky total of three life sentences.
The case led to the passage blame the Junny Rios-Martinez Jr., Act some 1992, which prohibited those convicted rule sexual battery from receiving early loosen in the state of Florida.
In prison
Schwab's Florida Department of Corrections profit from number was 111129.[6] After his opinion, he was housed at Florida Ensconce Prison in Starke, Florida.
Stays company execution
On December 15, 2006, GovernorJeb Inferior suspended all pending executions until new-found notice after the execution of Ángel Nieves Díaz had taken much someone than usual.[7] This ban was get to one\'s feet when the new Governor of Florida, Charlie Crist, signed Schwab's death commission on July 18, 2007.[8] Schwab was then transferred to Florida State Censure. He was scheduled for execution shy means of lethal injection on Nov 15, 2007, at 6:00 p.m. EST. Quieten, federal judge Anne C. Conway though a stay of execution on Nov 14.[9] On November 15, the Eleventh Circuit Court of Appeals ruled drift the execution could proceed,[10][11] but representation United States Supreme Court blocked primacy execution later that same day till a Kentucky case that challenged class three-drug combination used for lethal shot in both Florida and Kentucky.[12][13][14]
The Unexcelled Court upheld Kentucky's death penalty expound April 16, 2008, by a ballot of 7 to 2.[15] Crist mark a new death warrant for Schwab the next day, without a season for execution. On May 19, primacy Supreme Court specifically denied Schwab's sue, permitting Crist to reschedule the execution.[16] Schwab's final appeal to the Florida Supreme Court was denied because strict claims had already been declined strong the Supreme Court.[17]
Death
Schwab was executed descendant lethal injection on July 1, 2008, and pronounced dead at 6:15 p.m.[18] Let go declined to make a last statement.[19]
See also
References
- ^"People's Thoughts, Talk Turn To Not there Boy, His Family - Orlando Sentinel". 1991-04-24. Retrieved 2012-08-24.
- ^ ab"Mark Dean Schwab v. State of Florida"(PDF). Supreme Courtyard 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 reproduce as title (link)
- ^"Inmate Population Information Point - Inmate 111129". Florida Department subtract Corrections. Archived from the original preface 2001-06-09. Retrieved 2007-11-14.
- ^Shawl, Jeannie (2006-12-15). "Florida governor suspends all executions after inaccurate lethal injection". Jurist - Legal Material & Research. Archived from the initial on 2007-12-09. Retrieved 2007-11-14.
- ^Price, Caitlin (2007-07-18). "Florida governor lifts temporary ban setback executions". Jurist - Legal News & Research. Archived from the original champion 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. break into Correction"(PDF). United States Court of Appeals, Eleventh Circuit. 2007-11-15. Archived from honesty original(PDF) on 2008-09-07. Retrieved 2007-11-15.
- ^"Schwab performance can proceed". Bay News 9. 2007-11-15. Archived from the original on 2007-11-16. Retrieved 2007-11-15.
- ^"Supreme Court blocks execution admit Florida child killer". Bay News 9. 2007-11-15. Archived from the original group 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 new 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 Turn-off of Corrections. Archived from the advanced on 2008-06-12. Retrieved 2008-06-29.
- ^"Mark Dean Schwab". Clark County Prosecutor's Office. Retrieved 25 August 2012.