TALLAHASSEE — Attorneys for two Florida prisoners scheduled to be executed on Tuesday have filed a joint appeal in federal court, arguing that the same-day timeline poses a substantial risk that one or both executions will be botched. The complaint, filed Thursday on behalf of James Duckett and Dominick Occhicone, seeks an emergency cancellation of their death sentences. If the state proceeds with these executions, it would mark the first time Florida has put two men to death on the same day since resuming capital punishment in 1979.
Logistical Concerns and Medical Risks
The lawsuit argues that a compressed legal timeline and quick turnaround between the two events increases the likelihood of procedural errors. A separate federal lawsuit highlights specific medical risks for Duckett, whose veins have been compromised by chemotherapy treatment for cancer. Court records indicate that finding accessible veins has already proven difficult; an unidentified individual examined his arms in July and noted that previous treatments "really mess up the veins." The attorneys warn this could lead to multiple painful needle insertions or improper drug placement.
Historical Precedents and Mental Stress
The joint lawsuit describes same-day executions as a "historical anomaly," citing Oklahoma's 2014 attempt where one lethal injection was botched, resulting in a prolonged death for Clayton Lockett. An investigation into that incident recommended against scheduling executions within a week of each other. The complaint further asserts that the mental stress on the execution team heightens risks, potentially causing exhaustion or distraction from following strict protocols. There are also concerns regarding drug storage, as defendants lack facilities to individually store medications for two separate events.
Legal Battles and State Response
Duckett, 68, a former police officer convicted in the 1987 murder of Teresa McAbee, maintains his innocence. His final appeals have centered on DNA testing that attorneys say could exonerate him. Occhicone, 80, was condemned for the 1986 murders of Raymond and Martha Artzner; he would be the oldest person Florida has executed in modern times. The office of Attorney General James Uthmeier filed a request to dismiss one lawsuit, arguing claims are baseless. Senior Assistant Attorney General Jason Rodriguez stated that litigation attempting to delay the sentence finalized in 1990 must end.
Impact on Families and Broader Context
The unusual schedule has disrupted final visits for Duckett, who was told he would see his family only on the morning before execution rather than the day of. This comes amid an unprecedented surge in death warrants ordered by Gov. Ron DeSantis since last year, making Florida the leading state in carrying out executions nationwide. While Duckett's attorneys suggested a firing squad as an alternative, that method is not recognized under current Florida law.
