Florida justices hearing execution appeal
Published: Wednesday, July 1, 2009 at 6:57 a.m.
Last Modified: Wednesday, July 1, 2009 at 6:57 a.m.
TALLAHASSEE, Fla. — The Florida Supreme Court again is considering an appeal from a convicted killer who is under an active death warrant.
The justices will hear oral argument Wednesday. They previously stayed the scheduled May 13 execution of John Richard Marek so a new trial judge could hear his appeal. The high court ruled a previous judge should have disqualified himself.
Marek, 47, was convicted of the June 1983 kidnapping, rape and strangulation of Adella Marie Simmons in Broward County. He had picked her up on Florida's Turnpike where her car had broken down.
The new judge rejected an argument that recently discovered evidence points to a co-defendant, who received a life sentence, as the actual killer.
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