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Judge: Chance of pain definite during Schwab execution

Judge: Chance of pain definite during Schwab execution BY JOHN A. TORRES FLORIDA TODAY Titusville Judge Charles Holcomb on Wednesday cleared the way for the execution next week of child rapist and murderer Mark Dean Schwab, who argued that a lethal injection is cruel and unusual punishment. Holcomb rejected Schwab's motion to vacate his sentence, saying any method of execution could cause pain. He said that even though executions must be deliberated, it does not give Schwab or his attorneys the right to file motions on matters already decided. "This process does not require the court to continually review claims which have already been found wanting," Holcomb wrote. "At this late stage in the legal process, Schwab is barred from relitigating prior claims and from raising any new claims which could have been raised at an earlier date...continue to full post

Full post as published by Lethal Injection on June 26, 2008 (boomark / email).