Fed Judge Blocks Calif. Execution Set For Thursday
February 2, 2012 – 10:07 pm
A federal judge on Tuesday blocked what would have been California’s jordan shoes first execution in nearly five years, giving a death row inmate two days away from receiving a lethal injection a reprieve that could last months.
U.S. District Judge Jeremy Fogel canceled Albert Greenwood Brown’s execution after the 9th U.S. Circuit Court of Appeals ordered him to apply different legal standards than the ones he used last week when he cleared the way for Brown to be put to death.
Fogel said he halted the execution scheduled for 9 p.m. Thursday because he did not have enough time “to render a reasoned decision and permit air jordan retro adequate appellate review.”
The judge stated lawyers for Brown had “raised substantial questions of fact as to whether at least some with the deficiencies” in California’s lethal injection process that prompted Fogel to halt California executions in 2006 remained.
Brown, who was sentenced to death for abducting, raping and killing a 15-year-old Riverside County girl in 1980, alleged that the state’s new lethal injection protocols did little to improve upon the old methods, which the judge had previously found to become deeply flawed.
“Judge Fogel got it right this time. We need to take the time to consider the serious issues at stake here,” said Natasha Minsker, death penalty policy director for the ACLU of Northern California. “This whole process has demonstrated once again that California’s death penalty is dysfunctional and should be replaced with life without the possibility of parole.”
California’s attorney general still can appeal Fogel’s latest choice. But if the selection isn’t reversed by Friday, the state will be unable to execute Brown or any other death row inmate for several months because the state’s entire supply of sodium thiopental expires Friday. The chemical is used to sedate inmates before they are fatally injected with two other drugs.The drug issue was spotlighted late Monday, when the 9th Circuit ordered Fogel to reconsider Brown’s execution.
“After a four-year moratorium on executions in California, multiple proceedings in federal court, a state administrative law proceeding, and state court appeals, it is incredible to think that the deliberative process might be driven by the expiration date of the execution drug,” the appeals court stated.The appeals court stated Fogel needed to take more time than he did to assess the state’s new lethal injection procedures, which had been adopted Aug. 29.Fogel then gave attorneys just six hours to file legal arguments addressing whether the procedures avoided imposing cruel and unusual punishment.
In his response, David Senior, 1 of Brown’s attorneys, attacked the narrow window of opportunity for the execution as having a “Cinderella quality.”Senior told Fogel the “fiasco” was created when the attorney general’s office sought to execute someone so soon after the new lethal injection regulations were adopted.”It appears they had been so desperate to execute that they were seeking dates of execution even when they knew they wouldn’t have the drugs to perform them, or had been unaware of this,” Senior wrote. “It is tough to figure out which is worse.”
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