The Florida Supreme Court is rejecting an appeal from a death row inmate who contends drugs used in an execution could cause him pain.
Eddie Wayne Davis is scheduled to die Thursday by lethal injection for the 1994 murder of 11-year-old Kimberly Waters. Davis was convicted of breaking into his ex-girlfriend’s Polk County home and kidnapping, raping and murdering Kimberly.
The court last month ordered a circuit court to hold a hearing on whether it would be unconstitutional to use midazolam hydrochloride on Davis.
Davis maintains he suffers from the medical condition porphyria and that use of the first drug administered would cause him extreme abdominal pain and nausea.
But a medical expert testified at the hearing that it was “highly unlikely” those symptoms would occur before the execution is finished.
Davis broke into his ex-girlfriend’s Polk County home looking for beer money. He found Kimberly sleeping in her mother’s bed and kidnapped her. Davis took the girl to his old trailer and raped her. Later, he beat her and placed plastic over her mouth and nose as she struggled to rip it off. After she stopped moving, Davis threw the girl’s body in a dumpster.
Davis later confessed after investigators found Kimberly’s blood on his boots and his DNA under her fingernails.