SHAW, J., dissenting.
In my opinion, Thomas Provenzano is incompetent to be executed. The trial
court found by clear and convincing evidence that he suffers from a delusional
belief that he is Jesus Christ and that this is the real reason he is being executed.
See Provenzano v. State, 25 Fla. L. Weekly S408, S409-410 (Fla. May 25, 2000)
(Anstead, J., dissenting). His execution thus violates United States Supreme Court
precedent. See Penry v. Lynaugh, 492 U.S. 302 (1989); Ford v. Wainwright, 477
U.S. 399 (1986).
Further, I believe that the observations and credentials of the individuals who
will be performing the medical procedures associated with lethal injection on
Provenzano should be subject to disclosure. Witnesses to the execution of Bennie
Demps should have been subject to in camera examination and, as noted in the
majority opinion, the record could have been sealed to protect the identity of the
witnesses. In fact, the State was prepared to agree to this examination.
ANSTEAD, J., concurs.
An Appeal from the Circuit Court in and for Orange County,
O. H. Eaton, Jr., Judge - Case No. CR-84-835
Michael P. Reiter, Chief Assistant, CCRC, Middle Region, Tampa, Florida,
Robert A. Butterworth, Attorney General, and Carol M. Dittmar, Assistant Attorney
General, Tampa, Florida,