The Florida Supreme Court Wednesday rejected a last-minute bid to delay this evenings scheduled execution of Juan Carlos Chavez, the child-sex predator who murdered 9-year-old Jimmy Ryce near the boys South Miami-Dade home in 1995.
The state high courts decision followed a federal judges ruling that also denied the 46-year-old Chavezs request for an emergency stay.
The only legal barrier potentially blocking his planned execution by lethal injection at 6 p.m. is a petition before the U.S. Supreme Court, which the Death Row inmates lawyer filed a week ago.
His lawyer, Robert Norgard, tried to persuade the Florida Supreme Court to reconsider Chavezs argument that the sedative used as part of the cocktail of lethal drugs was ineffective as a pain-relieving anesthetic and therefore violated his constitutional protection against cruel and unusual punishment.
His lawyer on Tuesday filed an affidavit by a University of Miami anesthesiologist David Lubarsky, to bolster his clients claim, after the state high court last week agreed to consider that experts same evidence in another Death Row inmates petition.
But the Florida Supreme Court concluded that Chavez should have presented this evidence when he had the opportunity before the justices rejected his previous bid for a stay on Jan. 31.
This request for a stay on the eve of execution, supported by a declaration that was known to Chavez while state court proceedings were pending, constitutes a delaying tactic that is not supported by equitable considerations, the state Supreme Court said in a two-page ruling.
Chavez and his attorneys have filed a number of appeals since Gov. Rick Scott signed his death warrant on Jan. 2. For Chavez, who confessed to the crime and was convicted at trial in 1998, the final word could from the U.S. Supreme Court.
But as of Wednesday morning, the high court still had not decided whether to hear his 11th-hour petition to postpone the scheduled 6 p.m. execution at the Florida State Prison in Starke.
Don Ryce, now 70, plans to attend the execution of his sons killer. The boys mother, Claudine Ryce, wont be there. She died of a heart attack at age 66 in 2009.
The disappearance of Jimmy a bright kid with a passion for baseball and chess on the afternoon of Sept. 11, 1995, shook South Floridas sense of security and became a national story.
It echoed a notorious child-kidnapping 14 years earlier, when 6-year-old Adam Walsh was abducted from a Hollywood shopping center. Adams severed head was the only part of his body ever found.
Jimmy vanished after he exited a school bus a few blocks from his home in the Redland, a rural area with farms, ranches, and large residential properties. His parents, both lawyers, were out of town on business.
The Ryces, along with neighbors and volunteers, fellow St. Andrews parishioners, the FBI, Miami-Dade police, and other law-enforcement agencies launched a massive search.
The Ryces boosted a reward from $25,000 to $100,000 for any information on the whereabouts of their son. Posters and fliers with his picture were distributed throughout South Florida and beyond. The parents also went on the Oprah Winfrey talk show.
But nearly three months later, there was still no sign of Jimmy.
Then, on Dec. 6, the owner of a horse farm near the Ryces home grew suspicious that a handyman living on her property had stolen a gun and some jewelry. Susan Scheinhaus and her son, Eddie, entered the farmhands trailer and found her belongings. They also discovered a brown Jansport knapsack with a suede bottom that fit the description of the book bag that belonged to Jimmy. It also contained his school books and papers.
Scheinhaus notified the FBI and Miami-Dade police, and they obtained a warrant to search the trailer for the backpack.
Investigators also began interrogating the farmhand, Chavez, who had fled Cuba aboard a raft and worked as a mechanic in Hialeah before he was hired by the Scheinhaus family. Police questioned him for more than 50 hours, during which investigators say Chavez twice waived his Miranda rights and denied any involvement in Jimmys disappearance until he finally broke down and confessed in a 61-page statement.
Chavez told Miami-Dade homicide investigators that he grabbed Jimmy at gunpoint as he exited the school bus, put him in his pickup truck and took him to his trailer, where he raped him, according to the confession. When Jimmy tried to escape from his camper, Chavez shot him in the back, decapitated him, and dismembered his body, hiding the parts in concrete in three plastic planters buried in an avocado grove on the Scheinhaus horse farm.
His defense lawyer, Art Koch, argued the confession was impermissible because it was coerced and involuntary, saying that detectives tricked him into waiving his right to remain silent.
But Chavezs eventual confession coupled with the discovery of the boys knapsack, the murder weapon, and the bullet that killed him was permitted as evidence and clinched the case.
Miami-Dades lead homicide investigator in the Ryce case, Pat Diaz, said the boys murder was among the most heinous in his 33-year career.
Making this case was life and death, Diaz said. There was no room for failure.
Selecting a jury for the trial in Miami proved to be a stumbling block, so the circuit judge, Marc Schumacher, moved the proceeding to Orlando. The September 1998 trial was an emotional ordeal for the Ryce family and everyone else involved. The most jolting moments came when a female juror sobbed as a detective described Jimmys body parts in one of the planters, and Chavez denied his confession and blamed Scheinhaus son, Eddie, for the boys death.
After six-and-a-half hours of deliberations, the 12-person jury convicted Chavez of kidnapping, rape, and murder. The following month, jurors unanimously recommended the death penalty, which was imposed by Schumacher that November.