Dusty Ray Spencer, a 74-year-old Florida inmate, is scheduled to die by lethal injection on June 25, 2026, but his legal team is fighting to stop the execution, citing his severe medical conditions and the state’s alleged use of expired lethal drugs.
Medical Conditions and Expired Drugs
Spencer suffers from severe cirrhosis of the liver and portal hypertension, which his defense team claims would make the execution particularly cruel. The defense also argues that the state’s use of expired etomidate, a drug meant to render an inmate unconscious, could lead to an inmate remaining conscious but paralyzed during the execution.
According to court filings, prison drug logs from a recent federal lawsuit showed that expired etomidate was used in seven different executions between January and September of 2025. Medical experts consulted by the defense stated that Spencer’s liver condition fundamentally alters how his body processes medications and drastically reduces his blood’s ability to clot safely.
Constitutional Rights and Deterrent Purpose
Spencer’s defense team claims that executing him would violate his Eighth Amendment rights against cruel and unusual punishment. They also argue that executing a fragile, elderly man who has already spent 34 years in prison serves no real deterrent or retributive purpose.
The Florida Supreme Court has ordered all legal proceedings in the case to be expedited as the execution date at Florida State Prison quickly approaches.
Original reporting: Tampa Free Press — read the source article.