The Commission on Capital Cases updates thisinformation regularly. This information, however, is subject to changeand may not reflect the latest status of an inmate’s case and should not berelied upon for statistical or legal purposes.
SCHWAB, Mark (W/M)
DOB: 12/16/68
Eighteenth Judicial Circuit, Brevard County, Case#91-7249-CF-A
Sentencing Judge: The Honorable Edward Richardson
Attorney, Trial: Brian Onek – Assistant Public Defender
Attorney, Direct Appeal: Michael S. Becker – AssistantPublic Defender
Attorneys, Collateral Appeals: Mark Gruber &Daphney Gaylord – CCRC-M
Date of Offense: 04/18/91
Date of Sentence: 07/01/92
Date of Execution: 07/01/08
Circumstances of Offense:
Mark Schwab was convicted and sentenced to death for themurder of eleven-year-old Junny Rios-Martinez. On 04/18/91, JunnyRios-Martinez was kidnapped, raped, and murdered. His body was discoveredon 04/21/91.
Schwab was released from prison in March of 1991 afterserving three years for sexual assault. During the same month, a pictureof Junny Rios-Martinez, the victim, was published in the newspaper. Schwab saw the picture and called the family on the phone claiming that he waswriting an article on the boy. Through this action and the promise ofassisting the boy in a acquiring a contract to represent a surfing company,Schwab became friendly with the boy’s family.
On 04/18/91, a schoolmate of Junny’s reported that Junny hadgotten into a U-Haul truck with a man. On 04/20/91, Schwab called hisaunt in Ohio and told her that someone named “Donald” had made him kidnap andrape Rios-Martinez with threats of killing Schwab’s mother. On 04/21/91,the police were questioning Schwab’s aunt when Schwab called. The policerecorded and traced the phone call with her permission. Upon learningSchwab’s location, the police arrested Schwab in a neighboring Ohio town. Schwab told police where to find the body of Junny Rios-Martinez, which wasdiscovered in a rural part of the county inside of a footlocker.
Current Incarceration History in the State of Florida
| Offense Date | Offense | Sentence Date | County | Case No. | Sentence Length |
| 7/20/87 | Sexual Battery/Threat w/Deadly Weapon | 7/1/92 | Brevard | 8703147 | Life |
Brevard County Case #87-3147-CF
On 02/22/88, Schwab pled guilty to two counts of SexualBattery and was sentenced to eight years in prison and 15 years onprobation. The agreement included the waiving of five counts, including Lewdand Lascivious Assault upon a Child, False Imprisonment, and three counts ofSexual Battery. Schwab’s community supervision was revoked, and he wasresentenced to Life on 07/01/92.
Trial Summary:
05/15/91 Indicted on the following counts:
Count I: First-Degree Murder (Junny Rios-Martinez)
CountII: Sexual Battery upon a Child under the Age of 13
Count III: Kidnapping a Child under the Ageof 13
Schwab requested to not have a jury trial.
05/22/92 Adjudicated guilty for each count of the indictment.
07/01/92 Sentenced as follows:
Count I: First-Degree Murder (Junny Rios-Martinez) – Death
Count II: Sexual Battery upon a Child underthe Age of 13 – Life
Count III: Kidnapping a Child under the Ageof 13 – Life
Appeals Summary:
Florida Supreme Court – Direct Appeal
FSC #80,289
636 So. 2d 3
08/06/92 Appeal filed.
03/03/94 FSC affirmed the conviction and sentence.
05/16/94 Rehearing denied.
06/15/94 Mandate issued.
United States Supreme Court – Petition for Writ of Certiorari
USSC #94-5714
513 U.S. 950
08/26/94 Petition filed.
10/17/94 Petition denied.
Circuit Court – 3.850 Motion
CC #91-7249-CF-A
12/18/95 Motion filed.
10/13/99 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC #97,008
814 So. 2d 402
11/12/99 Appeal filed.
03/28/02 Denial of 3.850 Motion affirmed.
04/29/02 Mandate issued.
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC #00-1629
814 So. 2d 402
08/10/00 Petition filed.
03/28/02 Petition denied.
04/29/02 Mandate issued.
United States District Court, Middle District –Petition for Writ of Habeas Corpus
USDC #03-CIV-536
04/29/03 Petition filed.
06/30/05 Petition dismissed.
United States Court of Appeals, 11th Circuit– Habeas Appeal
USCA# 05-14253
451 F. 3d 1308
08/01/05 Appeal filed.
06/15/06 USCA affirmed the denial of petition.
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 06-7664
127 S. Ct. 1126
11/06/06 Petition filed.
01/16/07 USSC denied petition.
Circuit Court – 3.851 Motion
CC #91-7249-CF-A
08/15/07 Motion filed.
08/17/07 Motion denied.
Florida Supreme Court – 3.851 Appeal
FSC# 07-1603
973So.2d 427
08/30/07 Appeal filed.
10/04/07 Motion to Stay Execution filed.
11/01/07 FSC affirmed CC denial of post-conviction relief.
11/05/07 Motion for Rehearing filed.
11/07/07 Motion to Stay Execution denied.
11/07/07 Motion for Rehearing denied.
11/07/07 Mandate entered.
United States Supreme Court – Application for Stay ofExecution and Petition for Writ of Certiorari
USSC# 07-10275
128S.Ct. 2486
11/09/07 Application for Stay of Execution filed.
11/15/07 Stay of Execution granted pending Petition for Writ of Certiorari
04/03/08 Petition for Writ of Certiorari filed.
04/16/08 State’s Motion to Vacate Stay of Execution filed.
05/19/08 State’s Motion to Vacate Stay of Execution granted.
05/19/08 Petition denied.
Circuit Court – Successive 3.851 Motion
CC #91-7249-CF-A
11/13/07 Successive Motion and Motion to Stay Execution filed.
11/13/07 Motion denied.
United States District Court, Middle District – Motionfor Stay of Execution
USDC #07-01798
521F.Supp.2d 1338
11/13/07 Emergency Motion to Stay Execution filed.
11/13/07 Civil Rights Complaint filed.
11/14/07 Order Granting Stay of Execution entered.
United States Court of Appeals, 11th Circuit– Motion to Vacate Stay of Execution
USCA# 07-15329-P
507F.3d 1297
11/14/07 Appeal filed by Florida Department of Corrections.
11/15/07 Order Vacating Stay of Execution entered.
Florida Supreme Court – 3.851 Appeal
FSC# 07-2138
982So.2d 1158
11/15/07 Appeal filed.
11/15/07 Motion for Stay of Execution filed.
11/16/07 Motion for Stay of Execution denied.
11/28/07 Initial brief filed.
01/24/08 Disposition affirmed.
02/08/08 Motion for Rehearing filed.
05/21/08 Motion for Rehearing denied.
05/21/08 Mandate issued.
Circuit Court – Successive 3.851 Motion
CC #91-7249-CF-A
06/24/08 Successive Motion and Motion to Stay Execution filed.
06/25/08 Motion denied.
Florida Supreme Court – 3.851 Appeal
FSC# 08-1199
995So.2d 922
06/25/08 Appealfiled.
06/27/08 Appealdenied.
06/27/08 Mandate
Warrants:
07/18/07 Death Warrant signed by Governor Crist.
11/15/07 Execution stayed.
07/01/08 Execution scheduled.
Factors Contributing to the Delay in Imposition ofSentence:
The 3.850 Motion waspending for four years prior to being denied.
Case Information:
Schwab filed a DirectAppeal in the Florida Supreme Court on 08/06/92. He raised several issueson Direct Appeal. Schwab argued that part of his statement should nothave been admitted because he did not have counsel and that the heinous,atrocious, or cruel aggravator was unconstitutional. He also stated thatthe State Attorney’s Office gave him legal advice, and in this action, createda conflict of interest. Schwab argued that the trial court erred in notrecusing the State Attorney’s Office. The Florida Supreme Court did not finderrors that warranted reversing the conviction or sentence. The FloridaSupreme Court affirmed the conviction and sentence on 03/03/94. Rehearingwas denied on 05/16/94. A mandate was issued on 06/15/94.
Schwab filed a Petitionfor Writ of Certiorari in the United States Supreme Court on 08/26/94. The United States Supreme Court denied the petition on 10/17/94.
On 12/18/95, Schwab fileda 3.850 Motion in the Brevard County Circuit Court. On 10/13/99, theBrevard County Circuit Court denied the Motion.
On 11/12/99, Schwab fileda 3.850 Appeal in the Florida Supreme Court. Issued raised included thatthe trial court judge should have recused himself because of his bias againstthe defendant, that trial counsel was ineffective, that the death sentence wasdisproportionate, and that the aggravating factors were mishandled. TheFlorida Supreme Court affirmed the Denial of the 3.850 Motion on03/28/02. A mandate was issued on 04/29/02.
Schwab filed a Petitionfor Writ of Habeas Corpus in the Florida Supreme Court on 08/10/00. TheFlorida Supreme Court denied the petition on 03/28/02. A mandate wasissued on 04/29/02.
On 04/29/03, Schwab fileda Petition for Writ of Habeas Corpus in the United States District Court,Middle District. The petition was dismissed on 06/30/05.
Schwab filed a HabeasCorpus Appeal in the United States Court of Appeals on 08/01/05. Schwabargued four issues in his appeal. First, he argued that his counselfailed to cross-examine employees of the public defenders’ office regarding thechain of custody of a letter purporting to be a confession creatingprejudice. Schwab argued next that his counsel had conflict of interestand that his inculpatory statements were erroneous admitted to the court. Finally, he claimed that the sentencing court erroneous treated evidence inmitigation as fact. The court affirmed the denial of Schwab’s Petitionfor Writ of Habeas Corpus on 06/15/06.
Schwab filed a Petitionfor Writ of Certiorari in the United States Supreme Court on 11/06/06 that wasdenied on 01/16/07.
On 07/18/07, GovernorCrist signed a death warrant and the execution is set for 11/15/07.
Schwab filed a 3.851Motion to Vacate or Stay Execution in the Circuit Court on 08/15/07. Thismotion was denied on 08/17/07.
Schwab filed his 3.851Appeal in the Florida Supreme Court on 08/30/07. Schwab also filed aMotion for a Stay of Execution in this case on 10/04/07. On 11/01/07, theFlorida Supreme Court affirmed the Circuit Court’s decision in denying Schwab’s3.851 motion for post-conviction relief. On 11/05/07, Schwab filed aMotion for Rehearing, which was denied on 11/07/07. The Florida SupremeCourt also denied Schwab’s Motion for Stay of Execution and issued a Mandateupholding their 11/01/07 opinion on 11/07/07.
On 11/09/07, Schwab filedan Application for Stay of Execution in the United States Supreme Court. On 11/15/07, the Supreme Court granted Schwab a Stay of Execution pending thefiling and deliberation of a Petition for Writ of Certiorari, which was filed04/03/08. On 04/16/08, the State of Florida filed a Motion to Vacate theStay of Execution which was granted on 05/19/08. The Petition for Writ ofCertiorari was denied on 05/19/08.
Schwab filed a successive3.851 motion and Motion for Stay of Execution in the Circuit Court on11/13/17. This motion was denied on 11/13/07.
On 11/13/07, Schwab filedan Emergency Motion for Stay of Execution in the United States District court,Middle District. On 11/14/07, Schwab also filed a Civil Rights complaintin the same court. The USDC Middle District court entered an ordergranting a stay of execution on 11/14/07.
On 11/14/07, the FloridaDepartment of Correction (FDOC) filed a Motion to Vacate Stay of Execution inthe United States Court of Appeals, 11th Circuit. On 11/15/07,the order vacating Schwab’s stay of execution was entered.
On 11/15/07, Schwab fileda 3.851 appeal of the circuit court’s decision regarding his stay of executionand Motion for Stay of Execution in the Florida Supreme Court. TheFlorida Supreme Court denied this motion on 11/16/07. On 11/28/07, Schwabsubmitted his Initial Brief to the Florida Supreme Court. Afterdeliberation, the Court affirmed the trial court’s disposition on 01/24/08,denying Schwab postconviction relief on those grounds outlined in thebrief. Schwab filed a Motion for Rehearing in the Florida Supreme Courton 02/08/08, which was denied on 05/21/08. On the same date, the FloridaSupreme Court issued a mandate correspondent to the 01/24/08 opinion.
On 06/24/08, Schwab fileda third successive Motion to Vacate Sentence and Stay Execution in the StateCircuit Court. This motion was denied on 06/25/08.
Schwab filed a 3.851appeal in the Florida Supreme Court on 06/25/08. The Florida Supreme Courtaffirmed the disposition of the Circuit Court on 06/27/08 and issued a mandateon 06/27/08.
Institutional Adjustment:
| DATE | DAYS | VIOLATION | LOCATION |
| 09/09/97 | 180 | REF. SUB. ABUSE TEST | UNION C. I. |
Report Date: 01/07/02 S.Q.
Approved: 02/12/02 W.S.
Updated: 07/09/09 AEH