Mark Dean Schwab - Trial

Trial

On May 15, 1991, Schwab appeared in a state court in Brevard County, pleading not guilty to charges of first-degree murder, kidnapping a child under age 13 and sexual assault of a child under age 13. Prosecutors sought the death penalty. Schwab waived his right to a jury trial, and was convicted on May 22, 1992. At trial, witnesses had testified that Schwab was raped at gunpoint by a friend's father as a child. On July 1, 1992, he was sentenced to death for the murder, and given two life sentences for the kidnapping and sexual battery of a child under the age of 13. In addition, his probation was revoked on the previous rape conviction, and he was re-sentenced to an additional life sentence, giving him a total of three life sentences.

The case led to the passage of the Junny Rios-Martinez, Jr., Act of 1992, which prohibited those convicted of sexual battery from receiving early release in the state of Florida.

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