Judge Clears Way for 1st Calif Execution since '06

Friday, 24 Sep 2010 06:53 PM

 

Share:
  Comment  |
   Contact Us  |
  Print  
|  A   A  
  Copy Shortlink

SAN FRANCISCO (AP) — A federal judge cleared the way Friday for California's first execution since 2006, citing the state's efforts to revise its lethal injection procedure amid court concerns that it had amounted to cruel and unusual punishment.

U.S. District Court Judge Jeremy Fogel said in his ruling the execution of convicted killer and rapist Albert Greenwood Brown could proceed Wednesday.

Brown's execution would be the first in the state since Fogel placed a de facto moratorium on capital punishment in California and ordered prison officials to overhaul the process.

The attorney general's office argued this week that the state has complied with Fogel's order by building a new death chamber at San Quentin State Prison, revising its training regimen and adopting new lethal injection regulations.

In his ruling, Fogel gave Brown the option of choosing a one-drug injection instead of a three-drug cocktail used by the state to put condemned inmates to death.

The judge said it appeared a one-drug lethal injection was less risky than the three-drug cocktail when it came to causing pain.

"The fact that nine single-drug executions have been carried out in Ohio and Washington without any apparent difficulty is undisputed and significant," Fogel wrote.

Brown can still pursue at least two legal avenues to stop his execution. He can ask the 9th U.S. Circuit Court of Appeals to overturn Fogel's decision, and ask a Marin County Superior Court judge to halt the execution while his lawsuit challenging the new lethal injection regulations is pending.

Brown's attorney, John Grele, said the inmate's legal team will definitely petition the Marin County court for a delay. Beyond that, Grele said he was unsure what Brown's next legal move would be.

"We have been given an awfully short time to make such a critical decision," Grele said.

The judge said a 2008 Supreme Court ruling upholding Kentucky's lethal injection process made it more difficult for condemned inmates to delay their executions through the courts.

© Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Share:
  Comment  |
   Contact Us  |
  Print  
  Copy Shortlink
Around the Web
Join the Newsmax Community
Please review Community Guidelines before posting a comment.
>> Register to share your comments with the community.
>> Login if you are already a member.
blog comments powered by Disqus
 
Email:
Retype Email:
Country
Zip Code:
 
Hot Topics
Follow Newsmax
Like us
on Facebook
Follow us
on Twitter
Add us
on Google Plus
Around the Web
You May Also Like

Joe Scarborough Denies Lobbying Hard for 'Meet the Press' Job

Thursday, 24 Jul 2014 23:07 PM

MSNBC's Joe Scarborough denied reports Thursday that he and his Morning Joe co-host Mika Brzezinski have been "aggress . . .

Laura Ingraham: Rand Paul Closest to Americans on Foreign Policy

Thursday, 24 Jul 2014 21:43 PM

Kentucky Sen. Rand Paul, accused of being an isolationist by some fellow Republicans, is actually more in step with the  . . .

Legal Analyst Coffey: Ariz. Execution Won't Affect Death Penalty

Thursday, 24 Jul 2014 20:22 PM

Don't expect Arizona's controversial execution of Joseph Rudolph Wood to put a damper on the death penalty, veteran lega . . .

Most Commented

Newsmax, Moneynews, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, NewsmaxWorld, NewsmaxHealth, are trademarks of Newsmax Media, Inc.

 
NEWSMAX.COM
America's News Page
©  Newsmax Media, Inc.
All Rights Reserved