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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

Comments () | Archives (8)

The Oxford English Dictionary defines murder as any action, regarded as morally wicked, which causes the destruction of human life whether it is “legal” or not. In 2002 Matthew Shallenberger and Rodney Fuller shot and killed Julian Lewis and his son Charles in Virginia with the connivance of the victim’s wife Teresa. The pair were jailed for life but Teresa was executed in spite of Shallenberger’s later admission that he manipulated her and masterminded the murders for the insurance. The court psychologist estimated her IQ at 70 but it was clear to any neutral observer that she was retarded and mentally closer to a gibbon than the average citizen. I now understand the fury engendered in America when Kenny MacAskill complied with the pleas from Nelson Mandela and the Scottish churches to free the dying Megrahi.

The Appeals Court has been smoking too much of the stink weed.

Jerry Brown pushed for the immediate resumption of executions after the death cell was built, but only one. Brown has already announced this will be the last during his time as AG as he can't obtain any more of the drug used in these executions????

Why did Jerry change from a life of protesting the death penalty, vetoing death penalty legislation, and appointing judges against the death penalty? Was is really so cold as to keep his history of opposition from becoming a campaign issue? Could Jerry really be so cold as to execute one man just to look tough? He obviously only wants ONE.

Jerry says he has to as he swore to uphold every law in California as AG. How does that pledge sit with his refusal to even file an appeal on Prop 8 that the voters put in? Is Prop 8 about human rights but his stance on the death penalty is not?

I never agreed with Jerry's opposition to the death penalty but I respected his moral stance. I think I liked the courage of the young Jerry Brown much more than the cold calculated pandering of the old Jerry that is running today. Is his desire to relive his glory days really worth becoming just another politician, or is that what he always has been.

End the death penalty. It doesn't have the deterrent effect its backers claim (spare me the nonsense about the executed criminal being deterred), it's a procedural mess that wastes the time of courts and prosecutors, and it's simply wrong in civil society to kill a human being other than in immediate self defense.

When is this "Christian" nation going to join the civilized world? The death penalty, as a deterrent, is the same as the "trickle down" economics of Ronald Reagan; it never happens. Jail, for most part, should be based on rehabilitation, not destruction. Eastern Europe, where dictatorships used to rule not to long ago, now ranked better in the treatment of its prisoners than our "Christian" nation. Obviously, something is rotten in America. A democracy is supposed to be by, of and for the people and even though crimes committed by the prisoners push the envelope of humanity to equal bestiality, justice, real justice should be based on rehabilitation.

Susan Jordan, an innoccent 15-year-old schoolgirl never got a repeal for her fate. She was kidnapped from her parents, pleasures, studies, friends suddenly, taken to bushy site, suffered the agony, terror, degradation and humiliation of being raped, then fought and faced being strangled to death by a bloodthirsty maniac, then her violated remains left like discarded trash. No leniency. No appeal. No pain-filled pleas of mercy was granted to her by her rapist-murderer Albert G. Brown. And the governor and the anti-death penalty activists thinks this violent felon, who served time in state prison for sexually assaulting another victim, who also received no appeals from his brutaltiy, should be appealed. For these crimes against humanity, anything less that lethal injection or hydrogen cyanide gas would be much less appealing. Ms. Jordan would think so. She would plea, from beyond her grave, that justice must be done. Indeed.

This is exactly why the 9th District should be disbanded...spending money on total nonsense...

Thank u Sheldon, you are 100 % correct.


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