80-year-old Pasco man on death row is too old to be executed: attorneys

Attorneys for a man scheduled to be executed for the 1986 murders of his former girlfriend’s parents in Pasco County filed a motion requesting to vacate his sentencing, stating that he is too old to be executed. The inmate, 80-year-old Michael Devlin, was sentenced to death for the murders of 56-year-old James Edward Phillips and his 55-year-old wife, Barbara Phillips, which occurred on August 29, 1986, in Pasco County.

According to WFLA, Devlin’s attorneys argue that his advanced age and deteriorating health make his execution unconstitutional. They claim that the state’s own experts have deemed him unlikely to commit any future violent crimes, and that his execution would serve no legitimate penological purpose. The motion is based on a 2012 US Supreme Court ruling that prohibits the execution of people with dementia or severe mental illness.

The Pasco County Sheriff’s Office and the State Attorney’s Office had previously worked together to investigate and prosecute Devlin for the murders. The case has garnered attention from local and national media outlets due to Devlin’s advanced age and the lengthy delay between his crime and scheduled execution.

Devlin’s execution is currently scheduled, but it is unclear when it will take place. His attorneys are seeking a stay of execution to allow for further review of his case.

Originally reported by WFLA – Pasco County

Sources: WFLA – Pasco County

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