Shocker: Federal Judge Jeremy Fogel Stays Thursday Execution of Albert Greenwood Brown

Not really a shocker. And, Albert Greenwood Brown will NOT be executed this week unless a federal appeals court overrules Judge Fogel.

A federal judge blocked the execution of condemned murderer Albert Greenwood Brown this evening, saying he lacked time to assess changes in California’s lethal injection procedures because the state had set the execution date so abruptly.

U.S. District Judge Jeremy Fogel of San Jose had denied a stay of execution to Brown on Friday. But a federal appeals court ordered him to reconsider Monday night and decide whether the new injection procedures eliminated the risk that a prisoner would suffer a prolonged and agonizing death.

Fogel, whose 2006 ruling halted executions in California because of that risk, hurriedly ordered and reviewed written arguments from both sides Tuesday. He then said Brown had raised at least a substantial question about whether the state’s changes, adopted in response to his ruling, had solved the problems.

“The urgency of the present situation was created not by Brown, but by (the state’s) decision to seek an execution date only 30 days after the new regulations became final,” surprising both him and the inmate’s lawyers, Fogel said.

Since we know that Judge Fogel’s decisions are a charade (he is obviously obstructive to the death penalty) this is really no surprise at all. No matter what the State of California will do or how much money they will spend on correcting execution protocols, Judge Fogel will find fault. And, Jerry Brown who is the Attorney General and against the death penalty’s office is in charge of appealing Fogel’s decision to allow an execution. It appears his office is merely going through the motions. Any appeal will not be vigorously pursued.

Californians will have to wait until a federal appeals court finally orders the State of California to comply with the law.

This will not occur anytime soon.