Here is the latest news concerning Bennie Demps' case.  As you can see,
he has had his stay of execution denied.  Presently, his attorney is
preparing a brief to present to the Florida Supreme Court tomorrow.

Things are not looking good, and urgent action is being requested.

Dianne Abshire

FLORIDA:

An attempt to halt execution plans for a convicted killer failed in an
Alachua County courtroom Friday.

Chief Circuit Judge Robert Cates told attorneys he was "inclined to deny"
a motion for a hearing that would delay Bennie Demps' execution. Last
month, Gov. Jeb Bush signed the inmate's death warrant.

Demps, 49, is set to die on May 31 for the September 1976 murder of
fellow inmate Alfred Sturgis at Florida State Prison near Starke. Before
his death, Sturgis told an officer that Demps and another inmate held him
down while a third inmate stabbed him.

Demps' defense argued Friday that a letter from prison officials, who
investigated Sturgis' death, did not implicate Demps in the attack. A
defense motion requested Cates to grant a hearing on the information
that would have postponed Demps' execution.

The state had argued the information was not newly discovered or
admissible.

After Cates' denial, the case now heads to the Florida Supreme Court for
review.

Earlier this year, some prosecutors had projected that Demps' execution
wouldn't be scheduled for years. Demps was sentenced to death in 1978.
Before Bush signed the recent warrant, Demps had survived 3 death
warrants by getting last-minute appeals.

Although set to die for Sturgis' death, Demps was originally condemned
for the 1971 murders of R.N. Brinkworth and Celia Puhlick. They were
fatally shot in a Lake County citrus grove. Celia Puhlick's husband,
Nicholas, was wounded in the attack.

The victims were inspecting some land for sale when they came across
Demps. He had fled into the grove with a stolen safe.

A year after being sent to Death Row, Demps was taken off after the
U.S. Supreme Court ruled against capital punishment.

In 1976, Florida's new capital punishment law was upheld. 2 months
later Sturgis was stabbed.

If Demps' execution is carried out, he will be the 3rd person to die by
lethal injection in Florida this year.

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