Lawyers for a death row prisoner in Florida have filed a last-ditch effort to prevent his execution, citing that his weight would complicate the lethal injection procedure.
Michael Tanzi, 48, was sentenced to death in 2003 for the murder of Janet Acosta in 2000, and after over two decades of serving time, Governor Ron DeSantis signed his death warrant.
However, Tanzi’s lawyers filed a brief on Monday stating that he was ‘morbidly obese’ and suffers from a nerve condition called sciatica.
His lawyers argued that due to his obesity, the state’s three-drug lethal injection could potentially cause Tanzi ‘serious illness and needless suffering.’
The Eighth Amendment of the Constitution prevents cruel or unusual punishments and Tanzi’s representation claimed that his weight may prevent the drugs from taking full effect, leaving him paralyzed.
The brief detailed that the drugs may not be able to fully sedate Tanzi and he would be left ‘paralyzed but aware’ with a ‘sensation of being burned from the inside.’
The Attorney General’s office filed a brief on Wednesday refuting Tanzi’s claims, slamming his lawyers for waiting until his death warrant was signed to argue cruel and unusual punishment.
‘Tanzi fails to offer any support for his groundless assertion that the massive dose of etomidate, that has been repeatedly and successfully used in Florida’s lethal injection protocol, will not work for him,’ the Attorney General’s office argued.
Lawyers for Michael Tanzi, 48, have filed a brief arguing that his execution is ‘cruel and unusual punishment’ because of his weight
Governor Ron DeSantis signed a death warrant for Tanzi’s execution in March that is scheduled for April 8
Florida has a three-drug lethal injection used to kill prisoners on death row. Tanzi’s lawyers argued that his weight would complicate the procedure
The state added that Tanzi has ‘long known of his general medical condition, heavy weight, and asserted back issues,’ and that the current injection procedure has existed since 2017.
‘Tanzi fails to offer any support for his groundless assertion that the massive dose of etomidate, that has been repeatedly and successfully used in Florida’s lethal injection protocol, will not work for him,’ the brief added.
A county circuit judge rejected Tanzi’s ask to halt his execution, so his lawyers appealed to the Supreme Court.
DeSantis signed Tanzi’s death warrant on March 10, and his execution is scheduled for April 8, barring it isn’t halted.
Tanzi was arrested almost 25 years ago on April 25, 2000, when he assaulted Janet Acosta, who was eating in her car on a lunch break, according to court documents.
He approached her vehicle to ask for a cigarette and then repeatedly punched her in the face and forced himself in her car.
Tanzi then threatened her with a razorblade and drove her car from Miami to Homestead, which is about an hour drive.
He sexually assaulted her, stole her money and credit cards, and then drove to an isolated area to kill her.
Tanzi was sentenced to death in 2003 for the brutal murder of Janet Acosta in 2000
The state argued that Tanzi’s lawyers have known about his weight and the lethal injection procedures
Tanzi put duct tape on her mouth, strangled her, and left her body in a wooded area. He then drove to Key West and Acosta’s friends eventually reported her missing.
Police located him when they discovered he was driving Acosta’s car and he confessed.
He was charged with first-degree murder, carjacking with a deadly weapon, kidnapping, and armed robbery.
Tanzi was sentenced to death three years later. He filed an appeal in 2005, but his death sentence was affirmed in 2007.
He still filed a motion for a rehearing which was denied. Despite multiple motions since his death sentence has remained.
