The Florida Supreme Court has unanimously rejected an appeal and stay request from death row inmate Dominick A. Occhicone, clearing the way for his scheduled execution on July 28. Occhicone, 80, was sentenced to death for the 1986 murder of his former fiancée’s mother, Martha Artzner, in Pasco County.
Background of the Case
Occhicone broke into the home armed with a handgun, shot his ex-fiancée’s father, Raymond Artzner, outside, and then broke through a locked door to shoot her mother four times inside. The jury recommended death by a 7–5 vote for Martha Artzner’s murder, while the trial judge sentenced him to life imprisonment for the death of Raymond Artzner.
Defense attorneys raised several challenges following the issuance of the warrant, pointing to a reported nationwide shortage of the lethal injection drug etomidate, Occhicone’s advanced age and deteriorating physical health, and the rapid pace of executions in the state. The defense also sought public records from the Florida Department of Corrections regarding drug inventories and protocol compliance.
Court Ruling
The Supreme Court rejected the public records request, ruling that Occhicone failed to establish a direct connection to a colorable legal claim. Regarding assertions of drug shortages or protocol deviations, the court wrote that “speculative allegations of misconduct—particularly speculative allegations that FDC may engage in future misconduct—do not establish a colorable claim for postconviction relief.”
The court ruled that Occhicone’s claims regarding his age and physical health—which include chronic heart and kidney disease, severe vision loss, and mobility issues—were untimely under state procedural rules and lacked merit under Eighth Amendment precedent.
Attorneys had also argued that the pace of recent executions caused emotional strain on prison personnel, requesting a six-month moratorium to assess the impact on staff. The court denied the request, stating state procedural rules do not permit such delays and noting Occhicone identified no legal standard recognizing an Eighth Amendment violation based on the distress of correctional employees.
Original reporting: Tampa Free Press — read the source article.
