A Florida death row inmate who was convicted of kidnapping and killing a woman in 2000 is asking the court to show him leniency regarding his execution, scheduled for early next month, because he is "morbidly obese."
In an appeal filed Monday, lawyers say that 48-year-old Michael Tanzi "is morbidly obese and suffers from severe chronic sciatica" as well as other conditions, such as "hyperlipidemia, uncontrolled hypertension, and gastroesophageal reflux disease."
Tanzi believes, according to his attorneys, that his execution by lethal injection would violate the Constitution's Eighth Amendment, which prevents cruel and unusual punishment.
"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," the filing read.
"Executing Mr. Tanzi using the existing protocols is likely to cause serious illness and needless suffering," it continued.
His lawyers requested that the court stay his April 8th execution and bring the case back to circuit court for “an evidentiary hearing.”
In a response filed on Wednesday, Attorney General of Florida James Uthmeier denied Tanzi's appeal for relief.
Uthmeier's office said Tanzi "has failed to show that the Governor’s warrant powers violate the Eighth Amendment," and that the state's lethal injection procedure has been in place since 2017. The filing also said that Tanzi could have raised his "meritless" concerns about lethal injection earlier.
"Tanzi has offered no legitimate reason for this Court to depart from its longstanding precedent," the attorney general's office said.
Tanzi's legal team responded Friday, urging the court to reverse the attorney general office’s order denying their client relief.
Tanzi was convicted of carjacking and later killing Janet Acosta in April 2000. According to court documents, Tanzi approached Acosta, who was sat in her vehicle with the window rolled down, and proceeded to attack her after asking her for the time and a cigarette.
He then drove off in Acosta's vehicle, taking her as hostage while threatening her with a razor blade, and later sexually assaulting and strangling her, per court documents.
Attorneys for Tanzi did not immediately respond to a request for comment.
