Death Penalty

Lawsuit Seeks Drug Protocol Change to Resume Executions in California

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Michael Angelo Morales

I am a few days late to this story, but at least someone (her brother) is trying to obtain justice for Terri Lynn Winchell.

The killer of a woman brutally murdered more than 30 years ago still sits on death row. The victim’s brother is suing to resume executions in California. The lawsuit seeks to end the legal logjam that has put a hold on executions at San Quentin State Prison for six years. The delays involve questions over the use of lethal injections.

More than 700 inmates sit on California’s death row. Not one has been executed in six years. Former governors Pete Wilson and George Deukmejian are on a team of lawyers seeking to help the families of murdered victims.

“I get sick to my stomach,” said Bradley Winchell, the victim’s brother. “I am asking this court to set it right.”

Bradley Winchell says he’s been waiting more than three decades for closure. His sister Terri was brutally murdered and raped in 1981 in a Lodi vineyard.

Her convicted killer, Michael Morales, sits on San Quentin’s death row and is one of 14 inmates who have exhausted all their appeals.

But just as Morales was about to be executed in 2006, a judge granted a reprieve, allowing Morales’s lawsuit to move forward after he claimed the three-drug lethal injection method was cruel and unusual punishment.

Winchell just filed a lawsuit of his own, saying he’s waited long enough. He wants the state to resume executions by moving to a one-drug process currently used in other states.

“I consider 31 years excessive delay, injury to not only myself but my family,” said Winchell.

California’s death penalty has been criticized for many years. Delays often result in decades passing before an execution is carried out.

“It’s a sad state of affairs when those officials with the duty to execute the law care so little about the rights of victims of crime,” said Kent Scheidegger, Criminal Justice Legal Foundation.

In the meantime, an initiative qualified yesterday and California voters yet again will be asked to vote on whether the death penalty will continue in the state. I, frankly, think that California voters will approve the death penalty – as they have each time.

Here is a video of a news report that tells the story:

This Californian demands justice for Terri Lynn:

Terri Lynn Winchell

The California Department of Corrections needs to speedily change its execution protocol and get on with it.

Michael Morales would then be one of the first to go:

Michael Angelo Morales current photo

Justice for Terri Lynn!

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Death Penalty

California Says NO Excutions in 2011

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The old San Quentin Prison Gas Chamber

What a shocker and from anti-death penalty Governor Jerry Brown and Attorney General Kamala Harris, too.
California corrections officials have put off until at least next year any attempt to resume executions among the 713 condemned inmates on death row, according to court documents.

The request by the California Department of Corrections and Rehabilitation to delay review of newly revised lethal-injection protocols until January at the earliest follows a decision last week by Gov. Jerry Brown to scrap plans to build a new death row facility at San Quentin State Prison.

The steps have stirred speculation among death-penalty opponents that California might be drawn into the national trend away from seeking new executions.

The most recent postponement was due to San Quentin warden Michael Martel’s decision to replace the execution team that had been assembled and trained last year. That team had been ready to carry out executions last September. Corrections officials have declined to say why Martel is assembling a new execution team.

The internal corrections department revisions were disclosed during a meeting of the department’s lawyers last week with U.S. District Judge Jeremy Fogel. The San Jose judge overseeing a federal case that has halted executions for the last five years expressed frustration with the protracted process and concern that the public doesn’t understand why it has taken so long to correct flaws in the execution procedures.

UC Santa Cruz professor Craig Haney, who opposes capital punishment and has tracked public attitudes on the death penalty for 30 years, said Brown’s decision to scuttle new death row construction to save taxpayers hundreds of millions of dollars, and the corrections department’s slowing down of its efforts to resume executions are “examples of the increasing signs that the death penalty’s days are numbered in the United States.”

I think it is time for California voters to ask why there has been such a protracted delay in enforcing the law. If there are problems with the lethal injection method, even after spending close to a $ million on a new execution chamber, then why not resume use of the gas chamber. Photo below:

The newly renovated San Quentin Prison Death Chamber

AP Photo
If the California legislature needs to change the capital punishment law to facilitate a return to the gas chamber or hanging, so be it. My best guess is that Jerry brown would veto such legislation. The only recourse would be an initiative campaign by the voters of California – which of course, will take years or an election cycle.

So, don’t count on any executions to be held in California any time within the next few years – at least while Jerry Brown is governor.

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No justice yet for Terri Lynn Winchell.

An attorney for death row inmate Michael A. Morales, whose February 2006 execution was called off by Fogel over concerns that the former procedures could inflict unconstitutional pain, said the latest delays reflect a more cautious approach in the exercise of capital punishment by Brown’s administration.

“It appears that the state is attempting to be diligent in their obligations under the law, which would be in stark departure from what was the case with Governor [Arnold] Schwarzenegger,” said David Senior, one of Morales’ attorneys.

Terri Lynn Winchell

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American Federation of Teachers

California Federation of Teachers Adopt Resolution of Support for Convicted Cop-Killer Mumia Abu-Jamal

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Remember Daniel Faulkner. From Dec, 2006

The California Federation of Teachers is now a wholly owned subsidiary of the FAR LEFT.

Between negotiating for more benefits and teaching their students, the California Federation of Teachers has adopted a resolution of support for convicted cop-killer Mumia Abu-Jamal.

At the CFT’s 2011 Convention in late March, the delegates passed 30 resolutions, from solidifying support for anti-bullying legislation to supporting transitional kindergarten. Among the resolutions largely pertaining to education and collective bargaining rights was Resolution 19 – to “Reaffirm support for death row journalist.”

“Therefore, be it resolved, that the California Federation of Teachers reaffirm its support and demand that the courts consider the evidence of innocence of Mumia Abu-Jamal,” the Committee Report reads.

Mumia Abu-Jamal was a former member of the Black Panthers who was found guilty of murdering Philadelphia police officer Daniel J. Faulkner during a routine traffic stop in 1981. Abu-Jamal was subsequently sentenced to death.

His supporters, such as the California Federation of Teachers, argue that his trial was unfair and that he is a civil rights hero.

“Mumia Abu-Jamal has for decades as a journalist fought courageously against racism and police brutality and for the human rights of all people and has taken strong stands in support of working people involved in labor struggles and in support of well-funded, quality, public education,” the resolution reads.

Daniel Flynn, author of “Cop killer: How Mumia Abu-Jamal conned millions into believing he was framed” told The Daily Caller that Abu-Jamal was the poster-child for ending the death penalty…20 – 30 years ago.

“Somebody should tell the California Teachers Federation that this is over, he is in jail, he is going to stay there,” Flynn said. “You have numerous eyewitnesses saying Mumia did it. You had ballistic evidence – Mumia’s gun at the scene was consistent with the bullet used to kill Faulkner. Mumia admitted after the fact that he did it.”

Fred Glass, CFT spokesman, told TheDC that the even though the case is 30 years old, since Abu-Jamal is still going through appeals, the issue remains relevant.

Relevant?

The sorry academic condition of the California K-8 public schools, and the poor graduation rate from California High schools are a bit more pressing than supporting a convicted copy-killer wouldn’t you think?

Now, the resolution will go to the national mother union, the American Federation of Teachers where they can make more sorry asses out of themselves.

How despicable is this?

For more go to Remember Daniel Faulkner.

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Death Penalty

Judge Jeremy Fogel Tours New San Quentin Lethal Injection Death Chamber

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deathchamber U.S. District Court Judge Jeremy Fogel Clears Path for California Executions to Resume   But Will They?

The newly renovated San Quentin Prison Death Chamber

AP Photo

Federal Judge Jeremy today convened a hearing today at San Quentin Prison to inspect the newly renovated lethal injection death chamber.

The federal judge weighing whether California can resume executing condemned prisoners toured San Quentin State Prison’s new lethal injection facility Tuesday in what he called a fact-finding mission to help determine whether the state’s revised procedures meet constitutional standards.

U.S. District Judge Jeremy Fogel halted the execution of murderer Michael A. Morales five years ago, citing concerns the execution team was poorly trained, the converted gas chamber too cramped and ill-lit and the state’s method of delivering the three-drug execution cocktail at risk of inflicting cruel and unusual punishment.

Whether his concerns have been alleviated by rewriting of the legal protocols guiding the execution process and the physical changes made to the prison venue where death sentences are carried out was not immediately apparent.

The judge asked corrections officials questions about lighting, drug handling, conditions for witnesses and for the inmate’s last hours but gave no indication whether the answers allayed his earlier concerns.

Fogel, leading an entourage of lawyers for the state, Morales and other prisoners facing execution if the practice resumes, went room to room in the clinic-like facility, inspecting the hand-lettered drug vials arrayed on two trays in the infusion room, where the execution drugs are to be mixed and delivered via intravenous tubes threaded through the wall of the adjacent death chamber.

Fogel said he hoped to have a decision about whether executions can proceed “as soon as possible” but set out a schedule for further hearings that will run at least through spring.

Certainly, Judge Fogel is in NO hurry to render a decision which can then be appealed to the 9th Circuit Court of Appeals and ultimately the U.S. Supreme Court. This case has dragged on for five years and nothing yet has been decided, except that California now has the largest Death Row population in the country.

This entire process and Judge Fogel’s conduct of the case is a MOCKERY of the laws of the State of California and the United States. Californians have voted for the restoration of the death penalty and California’s procedures are NO different than those used in other states (which, by the way, have passed Constitutional muster).

Fogel and anti-death penalty advocates are STALLING. Finish the case, Judge and render a decision so your decision can be overturned – and believe me, it will.

No justice yet for Terri Lynn Winchell.

1024415716e6f81febe2625 California Sentences 28 New Prisoners to Death Row While Executing None in 2010

Terri Lynn Winchell

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