BREAKING: Bradford County trial court finds Duane Owen sane to be executed.

This post reviews the trial court's Final Order finding Duane Owen sane to be executed. His execution is scheduled June 15, 2023.

Duane Owen’s execution is scheduled for June 15, 2023. Last week, the Bradford County trial court heard over ten hours of testimony regarding whether Owen is competent for execution. That testimony is summarized here and here.

On Sunday, June 4, 2023, the trial court entered a Final Order finding Duane Owen sane to be executed.

The docket entry was posted this morning, but the document is not yet available. I was able to access it through other sources. The hearing transcript is also reflected on the docket but not yet available. I was able to access it, and it can be accessed here.

For updates as things unfold in between posts, follow Tracking Florida’s Death Penalty on Twitter.

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Brief Background

In May, Owen’s attorneys invoked a statutory process for challenging Owen’s competency for execution. This is the first time in almost 10 years that this process has been used. Tracking Florida’s Death Penalty has covered this process since the beginning:

• The background of Owen’s case can be found here.

• Background on the statutory process is available here.

• The Governor’s Executive Order temporarily staying the execution to allow for the Commission’s examination of Owen is covered here.

• The Governor’s determination after the Commission’s report is covered here.

• The four-part series on the history of Owen’s mental illness can be found here:

  • Part I

  • Part II

  • Part III

  • Part IV

• The transcript from the Bradford County’s case management conference on May 26 is summarized here.

• An update on the pending litigation related to Owen’s execution as of May 31, 2023, is here.

• Owen’s Motion seeking review of the Governor’s determination and the evidence attached to the Motion is covered here.

• The first day of testimony in Bradford County is covered here.

• The second day of testimony in Bradford County is covered here.

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Bradford County Trial Court’s Ruling

The trial court’s Final Order is 23 pages.

Here’s the Court’s statement as to the standard for determining whether a prisoner is insane to be executed:

The Court recounted Dr. Eisenstein’s testimony and noted that Dr. Eisenstein did not find Owen competent for execution:

However, the Court noted several points that came out on cross-examination of Dr. Eisenstein, which the Court apparently used to discount his testimony:

Ultimately, the Court did not find Dr. Eisenstein’s testimony “to be credible when evaluated against all the other testimony and other evidence in the case.”

For two of Owen’s prior attorneys who testified, the Court determined their “testimony was not particularly relevant or helpful to the issue before the court in this hearing.”

The Court briefly reviewed the testimony of Lisa Wiley and Dr. Faye Sultan’s affidavit and then addresses Dr. Berlin’s affidavit, which the Court determined “has zero credibility and . . . should not be relied upon in any way.” The reason:

Dr. Berlin’s affidavit appears to be an obvious departure from the methods of the profession to render a current opinion without an examination and without conducting an evaluation in accordance with the standards of psychiatric practice. Dr. Berlin’s behavior compromises both the integrity of the psychiatrist and of the profession itself.

As to the Governor-appointed doctors who served on the Commission, the Court reviewed their testimony in length and ultimately determined that their testimony was “extraordinarily credible”:

The Court then reviewed the testimony of the correctional officers and did not make a credibility determination.

As to Dr. Eisenstein’s rebuttal testimony, the Court continued to have credibility concerns:

Finally, the Court reviewed Mr. Pinkard’s testimony and did not make a credibility determination.

The Court concluded:

As to the length of the Commission’s evaluation of Owen, the Court concluded that they “did not complete an exhaustive interview” of Owen “because that was not their mandate. Their mandate was to determine whether there was any evidence to support the claim that Mr. Owen is not sane.”

Ultimately, the Court found Owen to be free of mental illness:

The case now heads to the Supreme Court of Florida, as it is almost certain Owen will file a Notice of Appeal.

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My thoughts are with everyone involved in the warrant and execution process.