Where was USSC when Florida killed and tortured Thomas Provenzano?

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,

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O. H. Eaton, Jr., Judge - Case No. CR-84-835

Michael P. Reiter, Chief Assistant, CCRC, Middle Region, Tampa, Florida,

for Appellant

Robert A. Butterworth, Attorney General, and Carol M. Dittmar, Assistant Attorney

General, Tampa, Florida,

for Appellee