Click here for Part I of this series: The Horrific Childhood of Duane Owen
Click here for Part II of this series: Duane Owen’s Mental Health History: Evidence from 1999
Click here for Part III of this series: Duane Owen’s Mental Health History: More Evidence from 1999 and 2006
Governor DeSantis signed the warrant scheduling Duane Owen’s execution on May 9, 2023.
On May 15, Owen was evaluated by Dr. Hyman Eisenstein, a neuropsychologist. On May 16, Dr. Eisenstein issued a report. According to the report, Dr. Eisenstein spent six hours with Owen, and found “no faking, exaggerating, or malingering.”
Dr. Eisenstein determined Owen meets the criteria for a diagnosis of schizophrenia and “has an ongoing psychotic delusional belief system that has never changed but has only been enhanced and became more embedded over time.”
Dr. Eisenstein stated in his report that Owen “demonstrated negative symptoms of schizophrenia.” He further wrote that “Owen’s gross delusions stemming from his schizophrenia are so far removed from reality that they foreclose any possibility of a rational understanding of the reason for his execution.”
Dr. Eisenstein concluded that “Owen meets the criteria for insanity to be executed.”
Based on that report, Owen’s attorneys filed a motion alleging he was incompetent to be executed. In response, Governor DeSantis selected three psychiatrists to evaluate Mr. Owen.
On May 23, the Governor’s three chosen psychiatrists jointly conducted a 100-minute examination of Owen.
On May 24, the psychiatrists issued a report, concluding “with reasonable medical certainty that Mr. Owen understands the nature and effects of the death penalty and why it has been imposed on him.” However, the Commission acknowledged Owen’s fixed delusions and that he “was persistent in expressing his belief[s].”
The Commission noted that Owen “claim[ed] he never thought he had killed his homicide victims,” which is supported by testimony from other doctors regarding Owen’s delusions. This delusional belief has remained consistent for decades.
The three psychiatrists concluded their report and stated that “1) has no current mental illness, (2) is feigning psychopathology (malingering) to avoid the death penalty, (3) has an Antisocial Personality Disorder, and (4) understands the nature and effect of the death penalty and why it is to be imposed on him.”
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Tracking Florida’s Death Penalty’s Duane Owen Series Part IV