Tuesday, August 24, 1999
Thomas Harrison Provenzano v. State of Florida
No. 95,959 & 95,973
Place of Origin: Orange County
Facts
On June 9 Governor Bush signed a death
warrant for the July 7 execution of
Provenzano. In response, Provenzano's
attorneys argued that their client was
incompetent to be executed due to mental
illness. A hearing was held on the issue,
and the trial judge rejected the claim.
Provenzano appealed to the Florida
Supreme Court. Before the appeal could
be heard, the State executed Allen Lee
Davis. Provenzano's attorneys alleged
that the Davis execution was the latest of
several botched executions, in part
because the electrical current allegedly
deviated from a protocol the State agreed
to use, which the Florida Supreme Court
had ordered the Department of
Corrections to follow. They also contend
that photographs of Davis taken
immediately after his execution and other
evidence show he suffered pain sufficient
to render the electric chair a "cruel and/or
unusual punishment" under the
Constitution. The State argued that the
electric chair functions properly, causing
instantaneous unconsciousness and thus
no conscious pain. A separate hearing
was held on these claims, and the trial
judge found in favor of the State.
Provenzano also appealed this order. The
Supreme Court stayed Provenzano's
execution until 7:00 a.m. Sept. 14 and
consolidated both appeals for arguments
Aug. 24.
