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Florida Supreme Court Delays Killers' Execution
POSTED: 9:40 pm EDT October 6, 2008
TALLAHASSEE,
Fla. -- A man sentenced to die for strangling a teenager 25
years ago will avoid execution for at least three weeks while his
appeal of lethal injection procedures is considered, the Florida
Supreme Court ruled Monday.
Wayne Tompkins had been scheduled to die Oct. 28, but the
high court issued a stay until Nov. 18.
Tompkins is appealing a March ruling by Circuit Judge Daniel
H. Sleet. He rejected claims that the state's lethal injection
procedure is unconstitutional cruel and unusual punishment because
it creates an unnecessary risk of pain.
The state justices and U.S. Supreme Court have since rejected
objections to the procedure on behalf of Florida two death row
inmates executed earlier this year.
Tompkins, 51, was convicted of murdering Lisa DeCarr, the
15-year-old daughter of his girlfriend, in March 1983 in Tampa.
Gov. Charlie Crist signed a third death warrant for Tompkins
last week. He also had been scheduled for execution in 1989 and
2001, but those were also delayed by appeals.
A notice of the latest appeal was filed in May, but the
Supreme Court has not yet received any written arguments.
The justices have ordered Tompkins' lawyers to file their
initial brief by noon Oct. 20. The state's reply is due four days
later, and Tompkins' response must be in Oct. 27. Oral arguments
will be held Nov. 3 if necessary, the justices wrote.
Chief Justice Peggy Quince recused herself from the case.
Quince once worked in the attorney general's Tampa office, where she
handled criminal appeals.
Tompkins was jailed in neighboring Pasco County on unrelated
rape and kidnapping charges when the victim's body was found under
her mother's home 14 months after she disappeared.
Tompkins' death warrant is the third Crist has signed since
lifting a moratorium on executions last year. The moratorium was
ordered after a botched lethal injection in December 2006.
Mark Schwab was executed July 1 for the 1991 murder of an
11-year-old Cocoa boy. Richard Henyard was executed Sept. 23 for
killing two young girls in Eustis after raping and shooting their
mother, who survived.
Copyright 2008 by The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.








