Zack was convicted of murder and sentenced to death. At the sentencing hearing the defense presented three expert witnesses who all testified that Zack had FAS. 753 So. 2d at 14.

For reasons that are not apparent from the appellate opinion, the trial judge who imposed the sentence did not find that mitigating evidence particularly persuasive. 753 So. 2d at 19 n. 8. The prosecution offered evidence to rebut this mitigating evidence; it is unclear whether the prosecution disputed the diagnosis, or simply relied on aggravating circumstances. 753 So. 2d at 19.

The trial judge's reasons for imposing the death sentence are set out in an unpublished sentencing order.

The details not apparent from the reported appellate decision may be important in understanding the impact of FAS in capital cases.