In this photo released of Benjamin Vaughn, lower right, with his greatuncle Clarence Ray Allen, lower left, and Allenâ€™s son Roger Allen,upper left, and his wife, Dell Ray Allen, upper right, inside San Quentin Prison in San Quentin, Calif., Monday, Jan. 16, 2006, before the execution of Allen. Allen, 76, was sentenced to death for ordering the slaying of three people at a Fresno, Calif., market while he was behind bars in 1980 for another murder. The last California execution.
Remember that executions were halted in California by Federal Judge Jeremy Fogel who ruled that the three drug cocktail for lethal injections was unconstiutional – “cruel and unusal punishment.”
The United States Supreme Court overruled Judge Fogel in a different case and in so doing paved the way for a resumption of the California death penalty.
There will be no executions by California in the near future.
An appellate court has ruled the state failed to follow required procedures in fashioning a revised protocol for administering lethal injections.
The revised protocol was not vetted through a period of public notice and comment, as required by the state’s Administrative Procedures Act, a three-judge panel of the 1st District Court of Appeal in San Francisco ruled Friday.
The Department of Corrections and Rehabilitation’s failure to comply invalidated the protocol, the panel concluded.
The ruling leaves the state with two options: send the protocol through the notice and comment process or appeal to the California Supreme Court, which may or may not agree to review the matter.
Of course, ending California executions was BS in the first place with declaring that lethal injections were cruel and unusual punishment. But, what is the excuse from the Arnold Schwarzenegger Administration this time?
Guess they are too incompetent to follow the rules.
In the meantime, murderers like Michael Angelo Morales languish on death row at San Quentin.
So, Judge Fogel’s BS order halting the California death penalty remains until the State of California follows the law and gains approval of a revised protocol for executing these capital criminals.
California Executions May Resume By the End of 2008
Michael Angelo Morales Watch: Kenneth Starr to Assist Death Row Clemency Bid
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