Appeals court overturns injunction against executions in California

A state appeals court Monday removed one of the few remaining impediments to the resumption of executions in California, helping clear the way for the lethal injection of an inmate later this month.

"We are acting with the assumption that without any stay in place ... that the execution will go forward," said Chief Assistant Atty. Gen. Dane Gillette.

The state is scheduled to execute Albert Greenwood Brown, convicted of raping and murdering a 15-year-old girl in 1980, on Sept. 29. But a federal judge could still delay executions, and another inmate has challenged a new lethal injection protocol.

The state has not executed anyone in nearly five years.

U.S. District Judge Jeremy Fogel in San Jose halted the execution of Michael Morales in 2006 after his lawyers argued that the lethal injection procedures could expose the condemned to excruciating pain before death. Fogel has scheduled a conference on the case for Tuesday.

In 2007, a task force appointed by Gov. Arnold Schwarzenegger revised the execution procedures. A Marin County judge then blocked them on the grounds they were written without public participation.

After that ruling, the California Department of Rehabilitation and Corrections redrafted the protocols and submitted them for public examination. A state office approved them in July.

Monday's decision by a court of appeal in San Francisco overturned the Marin County judge's injunction.

-- Maura Dolan in San Francisco

Comments

[SERICM]

GET RID OF THESE FEDERAL JUDGES THAT ARE BLOCKING THESE EXECUTIONS.

START KILLING THESE SCUMBAGS, WHO CARES IF ITS PAINFUL, THEY WERE'NT WORRIED ABOUT THE PAIN THEY GAVE THE VICTOMS AND THEIR FAMILYS.

[Cosmo Kramer]

Definition of Execution: the act or process of executing, the infliction of capital punishment.

There is no mention of the word pain, cruel or unusual? Strap em down, stick it in, send them off!!! That's how you save tax payer money. Oh, use the same needle too.

How do the lawyers and judges know it is cruel and unusual?? I'm sick and tired of hearing how injunctions and appeals delay justice that is DECIDED BY A JURY OF TAX PAYING CITIZENS!!!!

The next lawyer who say's it is cruel and unusual punishment should be strapped down and have the system tested out on him. Once we see it does what it is designed to do, pull the needle and stick it in to the convicted murder who's strapped in next to him.

[Mike Hill]

Told You! Time to start clearing the reported 690 on death row. I'm not gleeful about this. But it's now time to move forward as have Ohio and Washington State. It will hopefully send a new message to any potential murderers and violence-prone criminals in our state. We destroy wild animals who attack humans. They've tasted human blood and most likely will attack again if not put down. I'm not referring to caged and abused animals necessarily. That's a whole different situation and another debate. Humans are the only creatures who kill another for reasons other than survival or protecting the vulnerable and offspring. Convicted killers who, during sentencing, show no remorse or regret for their horrible crimes are not capable of being rehabilitated and, if paroled, often become repeat offenders of even worse proportions. If there were any other way to deal with these "damaged" individuals, we've yet to find it. Until then, death by lethal injection will have to do. There's a practical limit to how many murderers and rapists can be housed, fed, clothed, etc. and a finite limit to funding to do so.
The hope is that many will finally accept that violent crimes and violent criminals should suffer the consequences for their actions. In their timeline to committing violent offenses they have every opportunity to consider the ultimate consequences and choose accordingly. Eric and Lyle Melendez are a good example. They murdered both of their parents for capital. The Roman Empire used crucifixion as their form of capital punishment. Until we become a "utopian" society (sic) this is a remedy who's time has come. I wish it were otherwise. It's not perfect, but let the debate continue in our civilized society where some choose to act in an un-civil manner towards their fellow man, woman and sometimes, unfortunately, children.

[Andy K]

Follow Texas, stop wasting time and shorten the appeals process, no justice for the defendant nor the surviovers of the atrocities.

[u know]

Why are these animals still alive after all these years! Where is the justice? Who cares if the dirt bag experiences excruciating pain before he dies, he should of thought of that before he decided to rape and murder a 15 yr old girl.

[Allen]

Why are they so worried if a murderer feels pain before he dies? He didn't show his victims the same sympathy.

[Andrew]

Good! The guy who murdered a 15 yr old girl should not be allowed to live on my tax money! Off with his head and put another few thousand dollars BACK in my pocket.

[Joe]

Good let the games begin!

[ed]

And someone tell me what's wrong with excruciation pain and suffering for murderers and child rapists?

[Mike]

It has been proven over and over that Capital Punishment is NOT a deterrent to crime, and is much more costly as a policy than life term in a jail cell. If you want revenge, play a video game, or smack the dog.

[4Real]

Again the convicted have a say. We went from firing squad to hanging, to the gas chamber and the electric chair. This is more sane than all others. Maybe we should adapt the Guilliotine, swift and painless. The case in 1980 sentence the convicted to death, 30 years later he is still alive. The rest of the world must be laughing at our justice system. I had a son born in 1982, he lived and died (in Iraq) since this man was covicted. Unbelievable.

[ghostfear]

Get it done this time. Send him off.

[3825You]

Must have the same procedures for scumbag
public employees who rig and tamper with evidence
to affect the outcome...
either life in prison or execution for scum who fix
the process to decision/trial...
yes...apply the same tough on crime to those who
set people up...
gotta love how karma works !

[3825You]

If that dude or anyone had superior court
judge donald mccartin...they will need to
cancel and review the case...
rweclear ?...they will need to stop and
review the case...
was evidence tampered with from record ?...
why not allow the process to correct/augment
the court record ?...
did the judge prevent a private attorney from
entering the case ?...
RWECLEAR.

[NSIKAN AKPAN]

I JUST DON'T SUPPORT CAPITAL PUNISHMENT

[dedalus1]

30 years? Justice delayed is justice denied!!!! How long must the victim's family pay?

[RWh]

It's about time. Thirty years @ 90k per year equals $2,700,00 for a murderer. Now think of the 700+ others on death row for commiting crimes worthy of the death penalty. They fight so hard to stay alive but thought nothing of taking someone else's life.

[Guest]

I absolutely can not believe it has been nearly 30 years of unending excuses as to why executing this evil individual can not go forth. This monster grabbed Susan Jordan, raped her, hit her over the head, strangled her with her own shoelace, and then left her face down in the dirt. Then, he went to work and when he was finished with work, he called the victim's home and told her mother that she would never see her daughter alive again. I love how consideration for the victim and her family is diminished while Albert Brown is the focus of so much unwarranted attention. If the death penalty has not been a deterrent it is simply because sentences are not carried out SPEEDILY. And what does this have to do with Brown forfeiting his life for the life he has so violently and callously taken?

[Larry]

KEEP THE LINE MOVING

[Pmitton]

Thirty years to late...The Time is NOW!!!!

[cooljoe108]

I say bring back the firing squad and save money on the State Gas bill.

[Norman]

Mike-youre lying
Execution is a deterent to crime. No one executed has EVER committed another murder

[Matt]

The "15 year old girl" was named Susie Jordan. The dirtball who murdered her gets mentioned over and over again in the press, until this becomes about him. It was NEVER about him.

Execute this trash now.