Attorneys for two Florida prisoners scheduled to be executed on the same Tuesday have filed a joint appeal in federal court, arguing that the compressed timeline poses a substantial risk of botched procedures. The lawsuit seeks an emergency cancellation of the executions for James Duckett and Dominick Occhicone, warning that proceeding would mark the first time since capital punishment resumed in 1979 that Florida puts two men to death on the same day.
Risks of a Compressed Schedule
The complaint filed Thursday in the Northern District of Florida argues that the quick turnaround between executions increases the likelihood of errors. The legal team highlights concerns regarding drug storage and potential mix-ups, noting insufficient facilities for individually storing lethal drugs for two separate events on one day. Additionally, they argue that mental stress on the execution team could lead to exhaustion or distraction from following strict protocols.
Medical Concerns for James Duckett
A separate federal lawsuit focuses specifically on James Duckett’s health conditions. At 68 years old, Duckett is a former police officer convicted in the 1987 Lake County murder of Teresa McAbee. His attorneys assert that his history of chemotherapy for cancer has compromised his veins, making them difficult to access. Court records describe an incident where a visitor examined Duckett’s arms and noted that previous treatments "really mess up the veins." The appeal warns that this could result in multiple painful needle insertions or improper placement, potentially causing prolonged death.
Age and Health Issues for Occhicone
Dominick Occhicone, 80, faces execution for the 1986 murders of his former fiancée’s parents in Pasco County. His lawyers have argued that his advanced age and ailing health would make the process unconstitutionally cruel. If executed as scheduled at 6 p.m., he would be the oldest person Florida has put to death in modern times.
State Response and Broader Context
The office of Attorney General James Uthmeier filed a request on Friday to dismiss one of Duckett’s lawsuits, calling his claims baseless. Senior Assistant Attorney General Jason Rodriguez stated that the time for litigation attempting to delay the 1990-finalized death sentence has passed. These executions occur amid an unprecedented surge in death warrants ordered by Governor Ron DeSantis since last year, making Florida a leading state in carrying out capital punishment nationwide.
