Florida executes Mark Asay

A white supremacist convicted of two racially motivated murders three decades ago in Florida has been executed by lethal injection.

Mark Asay is the first white man in state history to be executed for killing a black victim, according to the Death Penalty Information Center.

The 53-year-old had been found guilty of two 1987 murders in Jacksonville. The execution took place at 22:22 GMT.

It was the first time a new drug cocktail was used.

A jury found that Asay shot his victims - Robert Lee Booker, a black man, and Robert McDowell, 26, a white-Hispanic man - on the same night after making racist comments.

Prosecutors said that Asay hired McDowell, who was dressed as a woman, for sex, and shot him after discovering his gender.

Since the state reinstated death sentences in 1976, 20 black men have been executed for killing white victims, according to the Death Penalty Information Center.

He was executed with etomidate, an anaesthetic never before used for a US execution, which will replace midazolam, which has proved difficult to obtain for US correctional institutions.

Two other drugs - rocuronium bromide and potassium acetate - will be included.

But one dissenting judge said the allowance of an unproven cocktail "jeopardised Asay's fundamental constitutional rights and treated him as the proverbial guinea pig".

In an interview with a local television station, Asay had said he did not want to spend the rest of his life behind bars.

The inmate - who had white supremacist tattoos - admitted killing Mr McDowell, but denied the other murder.

"Because I pray, and I say, 'I've had all of the prison I want.' So I want out of prison, through the front door or the back," he told News4Jax.

The US has seen several sloppily handled executions in recent years, with lawyers arguing the drugs failed to properly prevent pain during the process.

Not only was this the first execution in Florida in more than 18 months, but it was also the first since the US Supreme Court found the state's method of sentencing to be unconstitutional.

The high court ruled that judges held too much sway over the decision to hand down the death penalty.

Since then, the state legislature has changed the rules so that a jury must reach a unanimous verdict in order for a death sentence to be recommended to the court.

But the new law does not affect older cases, such as Asay's.

Source: BBC News, August 25, 2017

Florida executes convicted killer Mark Asay

Florida on Thursday put a man to death with an anesthetic never used before in a U.S. lethal injection, carrying out its first execution in more than 18 months on an inmate convicted of two racially motivated murders.

Authorities said 53-year-old Mark Asay was pronounced dead at 6:22 p.m. Thursday at the state prison in Starke. Asay received a three-drug injection that began with the anesthetic, etomidate.

Though approved by the Florida Supreme Court, etomidate has been criticized by some as being unproven in an execution. Etomidate replaced midazolam, which became harder to acquire after many drug companies began refusing to provide it for executions.

Prosecutors say Asay made racist comments in the 1987 fatal shooting of a 34-year-old black man, Robert Lee Booker. Asay also was convicted of the 1987 murder of 26-year-old Robert McDowell, who was mixed race, white and Hispanic.

Asay was asked whether he wanted to make a final statement. "No sir, I do not. Thank you," he replied.

The execution protocol began at 6:10 p.m. About a minute after the first drug was administered, Asay's feet jerked slightly and his mouth opened. A minute or two later he was motionless and subsequently was pronounced dead by a doctor.

The execution was Florida's first since the U.S. Supreme Court halted the practice in the state after finding its method for sentencing people to death to be unconstitutional. The high court earlier Thursday had rejected Asay's final appeal without comment.

Asay was the first white man to be executed in Florida for killing a black man. At least 20 black men have been executed for killing white victims since the state reinstated the death penalty in 1976, according to data from the Death Penalty Information Center. A total of 92 Florida inmates had been executed previously in that time period.

Etomidate is the first of three drugs administered in Florida's new execution mixture. It is replacing midazolam, which has been harder to acquire after many drug companies began refusing to provide it for executions.

The etomidate is followed by rocuronium bromide, a paralytic, and finally, potassium acetate, which stops the heart. It is Florida's first time using potassium acetate too, which was used in a 2015 execution in Oklahoma by mistake, but has not been used elsewhere, a death penalty expert said.

While the state's high court has approved the use of etomidate, some experts have criticized the drug as being unproven.

State corrections officials have defended the choice, saying it has been reviewed. The corrections department refused to answer questions from The Associated Press about how it chose etomidate.

Doctors hired by Asay's attorneys raised questions about etomidate in court declarations, saying there are cases where it had caused pain along with involuntary writhing in patients.

But in its opinion allowing the drug to be used, the state's high court said earlier this month that four expert witnesses demonstrated that Asay "is at small risk of mild to moderate pain."

Executions in Florida were put on hold for 18 months after the Supreme Court ruled that the old system was unconstitutional because it gave judges, not juries, the power to decide.

Since then, Florida's Legislature passed a law requiring a unanimous jury for death penalty recommendations.

In Asay's case, jurors recommended death for both murder counts by a 9-3 vote. Even though the new law requires unanimity, Florida's high court ruled that the U.S. Supreme Court's ruling did not apply to older cases.

Asay was the 24th inmate executed since Gov. Rick Scott has taken office, the most under any governor in Florida history.

Source: Sun Sentinel, Associated Press, Jason Dearon, August 24, 2017

Jacksonville man executed for two murders in 1987

For the f1st time since the Supreme Court upended Florida’s death penalty sentencing law, a man has been executed at Florida State Prison.

Mark Asay was convicted of the 1987 racially motivated murder of two men, one of who was black and the other white or Hispanic. The Florida Supreme Court recently adjusted their record on the case to update the races of the victims, since initially they had classified both victims as black men.

About 2 hours ahead of the 6PM execution, the Supreme Court denied a stay of execution for Asay.

This marked the 1st time a certain anesthetic- etomidate- was used to help carry out an execution in the US. It was part of a three drug injection, that ultimately resulted in Asay’s death at 6:22 PM.

Asay’s attorneys had based one of their appeals around questions about the drug and why the state is rolling it out now, but that was unsuccessful.

The Florida Department of Corrections says there were no complications or indications of pain during the execution.

Asay woke up around 4:30 AM “in good spirits”, according to the FDOC. His last meal was fried pork chops, fried ham, french fries, vanilla swirl ice cream, and a can of Coke. The FDOC says Asay spent about two hours with his sister, sister-in-law, and brother-in-law in the morning, and some time with his spiritual adviser in the afternoon.

Bridgette Matter with our partner Action News Jax was among those in the viewing room as Asay was executed. She reports it took 11 minutes for the execution to be carried out.

Asay becomes the 1st condemned inmate to be put to death in Florida since January 2016, and the 93rd overall since the state resumed capital punishment in 1979.

Asay becomes the 17th condemned inmate to be put to death this year in the USA and the 1459th overall since the nation resumed executions on January 17, 1977. Only Texas (543), Virginia (113), and Oklahoma (112) have carried out more executions than Florida.

Sources: WOKV news & Rick Halperin, August 24, 2017

REPORTER'S NOTEBOOK: Witnessing the execution of Mark James Asay

I have done something tonight that I have never done in my 10 year career, nonetheless in my life. I voluntarily watched another human being die. 

At 6:22 p.m. on Thursday, August 24, 2017, the State of Florida carried out its execution of Mark James Asay. 

Asay was sentenced to death for the 1987 racially-motivated murders of Robert Lee Booker and Robert McDowell.

I was one of eight journalists invited to witness Asay’s execution first hand.

When we were taken inside the Florida State Prison, we were not allowed to bring anything. No jewelry, no keys, nothing. The only exception was an ID and five $1 bills.

We were each provided a notebook and two #2 pencils. Every reporter used theirs to feverishly write down each observation. I’m using my notes to provide a bit of REPORTER’S NOTEBOOK. Perhaps you will get something out of it, perhaps not. Perhaps I will get something out of this later. Time will tell.

Before we went in, we were told Asay woke up earlier than usual: 4:30AM.

He had a visit with family for two hours, and then a spiritual advisor. He request for his last meal fries pork chops, fried ham, French fries, a can of Coca Cola, and vanilla swirl ice cream.

I wonder why he got up earlier than usual, and how he spent the time.

In reflection, what strikes me most about the lethal charge of such an event, is the peace and calm that fills the atmosphere. Tonight, was likely a little more striking perhaps with an abrupt storm that rolled in at the time we were led into the execution witness room.

5:48 PM | We were held in a canteen room with beige walls, rusty windows, and about 15 tables. There were a few vending machines at the front door. After being in the room for about 30 minutes we were told things were running a few minutes behind, but given no reason why.

5:50 PM | While waiting in the canteen room, there were faint sounds of thunder that began to rumble in the near distance.

5:55 PM | Perhaps Mother Nature was foreshadowing the grave task ahead. As a nearby storm approached, we were led from the waiting room, down a hall of beige walls and tall cells. The clap of thunder on the outside echoed above.

We loaded up into a white Ford passenger van. This van had seen better days, that's for sure. Wouldn't be surprised if it had a few hundred thousand miles on it. It was our chariot for a 45 second drive across the prison campus where we unloaded at another building. We were greeted with a blue door with a small window. We knew beyond this door, a man's final fate was near.

6:05 PM | The group of us 8 reporters were escorted into the witness room. There were four rows of seats, 15 of them already occupied by a group of family members and others. Their attention never diverted. It was as though they had no idea we were walking in. Each of their heads remained looking forward, at the reflective glass window with the drawn black curtain.

I counted 1 black male, 5 white women, and 9 white men among the group of 15 fellow witnesses, excluding the 4 men and 4 women of the media witness group. I'm still not sure who each of the witnesses were. One, I was told was a spiritual adviser, another was a prosecutor from Jacksonville.

Now seated, we all looked straight ahead at the near 4.5 foot by 12 foot window, curtain still drawn.

I wrote on my note pad at this point “Right now I am focused on not trying to think about what I will see, but rather taking a timeline and notes of events. Inside I can hear the occasional faint sound of thunder over the humming of the window AC unit in the small witness room. All witnesses are facing forward. I can see the reflections of their faces on the glass.”

The rain and AC were the only sounds heard in the room.

6:11 PM | The curtain covering the large witness window suddenly rose vertically, giving view of Mark James Asay. He was a man of about 5'07", 212 pounds, thinning blond hair and a trimmed goatee. He was strapped down to the gurney, his head furthest from us. His hands were stretched and tied down, his hands covered by some glove-like material. His body was covered in a white sheet, from his feet to his chest. Only his head, neck, and part of his forearm were exposed from what I could see. It was easy to see his arm, colored in some of his tattoos. He had 24 in all. Some proclaiming white nationalism and his allegiance to white supremacy. His sister rejected the idea of him being a racist. She said he joined a racist gang during his time in a Texas prison, before the murders, as a way to have protection.

For some 29 years he called the hallowed halls and compact cell "home". He has now been evicted.

We all stared at Asay, bound to the gurney by those thick leather straps. He seemed reserved. Calm. Nearly emotionless.

He was joined in the execution chamber by three men, all wearing suits and ear pieces. Two of them I assume were members of the execution chamber, the third was a member of Florida Department of Law Enforcement whose job it was to keep tedious record of everything that happens on the paper on the clipboard in his hands.

6:11 PM | Moments after the curtain rose, the execution warden is seen picking up a phone in the chamber and exchanging a few brief words. We know this phone is directly connected to the Governor's Office. He is likely asking if there are any final rulings that would block the execution. We know there are. Two hours before, the United States Supreme Court said it was denying a request for a Stay. The warden then turns to Asay and asks whether there were any final words he’d like to say.

DOC Employee: “Do you have a last statement?”

Asay: “No sir, I do not.”

There was no emotional reaction at any point from any of the witnesses. I’m not sure at this point whether that statement was of satisfaction for the families of the victims.

6:11 PM | Approximately 30 seconds after saying he had no last statement, there was a loud crack of thunder, and the sudden echo of rain falling on the roof above.

The weather for some reason is weighing on my mind, considering what is now happening. A bit of metaphor perhaps, who knows.

Near the end of 6:11 PM, the process of the lethal injection officially began.

6:12 PM | My eyes are fixed on Asay’s face. His eyes are closed. The process appears to be “matter of fact”, with no cause, concern, stress, or drama of any kind. Asay appears at peace, and relaxed.

From the vantage point of the witness room you do not see any of the executioners involved, nor a clear view of the IV lines that are used to inject the lethal drugs into his body.

6:13 PM | Asay’s eyes remain closed. I don’t see visible signs he is breathing. The only motion that I see are his lips fluttering ever so slightly. All witnesses remain attentively focused on Asay.

6:14 PM | All remains quiet, the process is “going on”, then there is a much louder crack of thunder. Another metaphor or sign of something? I observe the FDLE agent taking frequent notes.

6:14 PM | The execution warden takes about 4 steps toward Asay, slightly bends over Asay and grabs him by the shoulder. He shakes him for about 3 seconds.

I understand this is to ensure the first drug is working appropriately, and that Asay is unconscious. This was crucial, because Florida is the first state to use a drug called Etomidate in the lethal injection process. It's the first drug injected and supposed to ensure the inmate/patient is unconscious. This is also to eliminate any pain from the soon to come lethal potassium acetate drug. Reading the DOC’s policy book, I’m timing in my mind that the Etomidate and first round of saline has been given, and next will be the drugs that first relaxes Asay’s muscles, paralyzing him, and then the potassium acetate.

6:16 PM | There remains no visual or verbal reactions from anyone inside the execution chamber, nor the witnesses.

6:17 PM | I take a note again for some reason that Asay has hair and a goatee and the three men in the execution chamber each are wearing a business suit and an earpiece.

6:18 PM | Asay remains motionless, but I notice that his lips are now appearing to become darker in color. That is a sign, I’ve been told, that death is imminent.

6:20 PM | Visually, nothing has changed. Now, I am just staring. Not really mentally capturing what is taking place, but remaining focused on looking for any potential detail.

6:21 PM | A doctor walks into the execution chamber with a stethoscope and small flashlight. The doctor approaches Asay on the gurney. The doctor uses the small flashlight to first physically open Asay’s eyes. He then uses the stethoscope, moving it around on Asay’s chest, at various points, checking for any signs of life. In moments it will be clear that he does not.

6:22 PM | The doctor looks up from Asay, puts his stethoscope around his neck, looks over to the execution warden and says something. It’s short, and I can’t quite make out what he said. I can safely assume he's pronounced Asay dead.

6:22 PM | The AC just turned off, and there is a loud shower of rain echoing on the rooftop above. The execution warden picks up a phone on the wall, connected to the Governor's Office, and has a brief conversation.

6:22 PM | Moments later, the PA system to the witness room is turned on. The execution warden declares “The Sentence from the State of Florida has been carried out at 6:22 PM.”

6:22 PM | Mark James Asay is declared dead at 6:22 PM, Thursday August 24, 2017

Moments later, the 15 witnesses are escorted from the room. The media follows in a separate van, where we being to leave Florida State Prison back to the media staging area. Rain is falling heavily, and there is a large black wall of clouds nearby.

As we drove back, I thought not much about the actual process itself, but rather those final words.

Mark James Asay had been tried and convicted on those gruesome crimes he committed. We did not have the opportunity to speak with the victims’ families, but I wonder, what motivated them to be here tonight.

Do they feel a sense of “justice”? What did his final words mean, if anything, to them.

Officially his last words on earth are “No sir, I do not.”

He told a Jacksonville reporter earlier this week that he did not fear death and believed it was time he left prison whether it was “out the front door or the back.” Perhaps he still wanted his life, but he at least got his wish.

For me, perhaps there will be aspects I reflect on from time to time. Walking the halls of that prison, where beige is the only color and rust surrounds the windows and roof tops, I felt an easy depression. This is what having no freedom feel likes.

It was easy walking in, knowing I would be walking out. That is a feeling and freedom most at this prison don't have, and some will never have.

Source: Greg Angel, News Anchor/Reporter, via Greg Angel's Facebook page, August 24, 2017. Mr. Angel's article covering Mark Asay's execution was published by CBS12 and can be found here.

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"One is absolutely sickened, not by the crimes that the wicked have committed, but by the punishments that the good have inflicted." -- Oscar Wilde