Federal appeals court orders new hearing for San Quentin inmate sentenced to death
A federal appeals court in San Francisco late Monday ordered a trial judge to reconsider a ruling that allowed for a convicted murderer and rapist to be executed this week at San Quentin State Prison.
Albert Greenwood Brown was scheduled to be executed at 9 p.m. Thursday for the 1980 killing of a 15-year-old Riverside County girl.
But the U.S. 9th Circuit Court of Appeals said that a U.S. district court judge erred by offering Brown a choice of being executed with a one-drug lethal injection or a three-drug cocktail.
"The district court's decision to provide Brown the choice of a one-drug option is not consistent with California state law and procedures. California law does not provide the condemned a choice between a three-drug protocol or a one-drug option," the ruling said.
The appeals court ordered the judge to consider whether Brown is entitled to stay of his execution.
-- Robert J. Lopez