Attorneys for death row inmate Michael A. Tanzi have filed an application with the U.S. Supreme Court seeking a stay of his scheduled execution in Florida. The execution is set for April 8, 2025, at 6:00 p.m.
The application, directed to Associate Justice Clarence Thomas, argues that the execution should be stayed while the Supreme Court considers Tanzi’s concurrently filed Petition for Writ of Certiorari.
The legal document asserts that the issues raised in Tanzi’s petition warrant the Supreme Court’s review. Specifically, it argues that his death sentence is unreliable and violates Sixth Amendment rights because a judge, not a jury, made the necessary factual findings to impose the death penalty.
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The application cites the Supreme Court’s previous rulings in Hurst v. Florida (2016) and Erlinger v. United States (2024) to support this claim, arguing that the Florida Supreme Court’s interpretation of the Sixth Amendment and Due Process Clause in Tanzi’s case was flawed.
Tanzi’s attorneys also contend that there are no procedural barriers preventing the Supreme Court from reviewing his claims. They argue that the Florida Supreme Court’s denial of Tanzi’s habeas petition relied on an incorrect conflation of distinct federal constitutional principles.
The application emphasizes the “irreparable harm” that Tanzi will face if the execution proceeds, given the finality of the death penalty.
Background of the Case:
Tanzi, 48, is scheduled to be executed via lethal injection at Florida State Prison in Raiford. This comes nearly 25 years after he abducted, sexually assaulted, and murdered 49-year-old Janet Acosta in Miami on April 25, 2000. Activists with Floridians for Alternatives to the Death Penalty plan to hold a vigil outside the prison.
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Tanzi’s attorneys unsuccessfully argued that the state’s lethal injection protocol would constitute cruel and unusual punishment due to Tanzi’s “morbid obesity” (listed as 6’3″ and weighing as much as 383 pounds) and other health issues, including severe chronic sciatica.
The Florida Supreme Court rejected these claims, stating that Tanzi’s medical conditions dated back to 2009 and that attorneys failed to prove a “substantial and imminent risk” of serious illness or needless suffering from lethal injection. The court also cited previous rulings upholding Florida’s lethal injection protocol.
Tanzi has confessed to the crimes, acknowledging kidnapping, sexually battering, and murdering Acosta. He expressed a belief that life without parole would be a more fitting punishment, stating in a letter that “Prison saved my life. I would have never made it to 30 years old. I thank God for reentering my life and giving me the opportunity to find balance and change through His word.”
Florida Governor Ron DeSantis signed Tanzi’s death warrant for the murder of Acosta.
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The court records detail the horrific nature of Tanzi’s crimes.
He kidnapped Acosta from the Japanese Garden on Watson Island during her lunch break, forcing her into her van. He then drove her through Miami and south to Florida City, sexually assaulting her and threatening her with a razor.
Tanzi continued driving to the Florida Keys, using Acosta’s ATM card along the way. After driving for over 130 miles, he strangled Acosta on Cudjoe Key, roughly four hours after the initial kidnapping, and disposed of her body. He was arrested two days later in Key West.
The Supreme Court will now consider whether to grant the stay of execution while reviewing the constitutional arguments presented by Tanzi’s legal team.
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