Florida Attorney General Ashley Moody’s office on Wednesday urged the Florida Supreme Court to reject arguments that the scheduled Oct. 3 execution of Michael Duane Zack should be blocked because he has a disability.
Zack’s attorneys contend that Zack suffered Fetal Alcohol Syndrome when his pregnant mother drank alcohol and that putting him to death would violate a constitutional ban on executing people who are intellectually disabled.
The U.S. Supreme Court, in a 2002 case known as Atkins v. Virginia, said executing people with intellectual disabilities would violate the Eighth Amendment ban on cruel and unusual punishment.
In the news :Florida AG Ashley Moody Says Biden Admin Issued Secret Plan On ‘Mass-Release Quotas’ For Migrants
But Moody’s office, in a 77-page brief Wednesday, disputed Zack’s arguments on a number of grounds, including saying that his intellectual-disability claim has been rejected in past appeals.
Also, it said Zack, 54, cannot use Fetal Alcohol Syndrome to make an intellectual-disability claim under the Atkins v. Virginia precedent.
“Zack raises an Eighth Amendment claim seeking to expand Atkins v. Virginia, to include a diagnosis of Fetal Alcohol Syndrome, arguing that it is the functional equivalent of intellectual disability,” the brief said. “The expansion-of-Atkins claim is procedurally barred, untimely, and meritless as a matter of law under this (Florida Supreme) Court’s long-standing precedent.”
Gov. Ron DeSantis on Aug. 17 signed a death warrant for Zack in the 1996 Escambia County murder of Ravonne Smith during a crime spree that also included killing another woman.
A jury in September 1997 convicted Zack of first-degree murder, robbery with a firearm and sexual battery, records show. He also is serving a life sentence for murdering the other woman in Okaloosa County.
Android Users, Click To Download The Free Press App And Never Miss A Story. Follow Us On Facebook and Twitter. Signup for our free newsletter.
We can’t do this without your help; visit our GiveSendGo page and donate any dollar amount; every penny helps