Judge Extends Death Penalty Moratorium in CA

A federal judge has extended a moratorium on executions in California until October, when a new death chamber at San Quentin prison is scheduled for completion.

The moratorium was implemented in February 2006 when U.S. District Judge Jeremy Fogel blocked the execution of Michael Morales, who was convicted in 1981 of the rape and murder of a 17-year-old girl.

Fogel based his decision on records at San Quentin, which showed that botched lethal injections were a problem. In December, Fogel concluded that haphazardly administered lethal injections resulted in the slow, agonizing death of prisoners and violated the constitutional ban on cruel and unusual punishment.

In May 2007, state officials announced new procedures aimed at reducing the risk of botched executions, including improvements in staff training and selection as well as chemical dosage adjustments. However, Fogel noted that the officials have yet to provide specifics on the proposed improvements.

According to defense attorney John Grele, the new procedures still seem to be “modeled after other states that have equally flawed procedures.” He added, “The use of drugs that cause extreme pain, and hide that pain, is extremely problematical.”

In addition to new injection procedures, state officials said the new execution chamber will solve most of the problems cited by Fogel. The judge is planning to visit San Quentin on October 1 st and has made it clear that the moratorium could last longer if necessary.

(Source: San Francisco Gate)

In need of a criminal defense attorney? Contact us today to arrange a consultation with an experienced defense attorney near you.