Lawyers representing Florida death row inmate Michael Tanzi are making a last-minute appeal to halt his scheduled execution, arguing that his morbid obesity and related health conditions could lead to a botched lethal injection, potentially violating the Eighth Amendment’s prohibition against cruel and unusual punishment.

Tanzi, 48, is set to be executed on April 8, following his conviction for the 2000 murder of 49-year-old Janet Acosta. Prosecutors say Tanzi kidnapped Acosta at knifepoint, sexually assaulted her, and strangled her in her own vehicle before dumping her body in a wooded area. He was sentenced to death in 2003 and has spent more than two decades on death row.

Health concerns and legal arguments

The appeal, filed last Monday, highlights Tanzi’s significant health issues, which include severe chronic sciatica, hyperlipidemia, uncontrolled hypertension, and gastroesophageal reflux disease. According to his legal team, these conditions, combined with his obesity, could severely complicate the execution process.

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“The existing protocols for lethal injection do not contemplate the execution of someone with obesity and uncontrolled medical conditions, like Mr. Tanzi’s, that are likely to complicate the lethal injection process. Executing Mr. Tanzi using the existing protocols is likely to cause serious illness and needless suffering,” the appeal states.

While the appeal does not disclose Tanzi’s exact weight, the World Health Organization defines obesity as having a body mass index (BMI) over 30.

State officials reject the appeal

Florida Attorney General James Uthmeier swiftly denied Tanzi’s request for relief just two days after it was submitted, stating that the defense failed to provide compelling evidence to justify a stay of execution.

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“The defense had ample time to raise these concerns earlier,” Uthmeier wrote in his response.

Tanzi’s legal team is now seeking judicial intervention in an attempt to overturn the attorney general’s decision.

A series of executions in Florida

If carried out as scheduled, Tanzi’s execution would be Florida’s third in 2025.

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On March 21, Edward James was executed by lethal injection for the 2004 rape and murder of an 8-year-old girl and her grandmother. His defense had similarly argued that his declining cognitive abilities should exempt him from execution.

Earlier, on February 14, James Dennis Ford was put to death for the 1997 murder of a couple in front of their toddler.

With the state maintaining a firm stance on capital punishment, it remains to be seen whether Tanzi’s appeal will gain traction in the courts ahead of his scheduled execution date.

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