Albert Greenwood Brown

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

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The newly renovated San Quentin Prison Death Chamber
AP Photo

Well, for now – or should I say until Monday afternoon, California executions as per state and federal law can proceed.
A federal judge in San Jose gave the go-ahead today for next week’s scheduled execution of a convicted murderer from Riverside County, which would be the state’s first execution in nearly five years.

U.S. District Judge Jeremy Fogel, who blocked lethal injections at San Quentin State Prison in February 2006 because of haphazard procedures, untrained staff and the potential of inflicting excruciating pain, said revised state regulations and a U.S. Supreme Court ruling had removed constitutional obstacles to renewed executions.

Fogel acknowledged that he has not yet reviewed the state’s amended procedures to determine whether they still pose a risk of violating the constitutional ban on cruel and unusual punishment.

But he said the condemned inmate, Albert Greenwood Brown, could avert that risk by choosing to be executed with a single drug – a heavy dose of the sedative sodium pentothal – rather than the three-drug combination California has used in past executions.

The potential for excruciating pain comes from the second and third drugs, paralytic and heart-stopping chemicals, if the sedative fails to work properly. Fogel noted that Ohio and Washington state have used one-drug executions on nine prisoners in the last year without reported difficulties.

The Supreme Court ruled in 2008 that Kentucky’s lethal injection procedures, using the same chemicals as California and most other states, met constitutional standards. The court said a prisoner would have to present a “demonstrated risk of severe pain” to challenge an execution with those drugs.

Brown is scheduled to be executed at 12:01 a.m. Wednesday. Fogel said he would issue a stay if Brown chose a one-drug execution and the state refused to use that method. He gave Brown until 6 p.m. Saturday to make that choice.

State lawyers spelled out procedures for a possible one-drug execution in a court filing earlier his week but said they were not conceding that the procedure would comply with state law.

So, the people of California spend almost a $ 1 million (more than $800,000)  for a new death chamber and countless employee hours for new procedures and retraining so the inmate has a choice of a one drug cocktail or the old standard method?

WTF?

Doesn’t anyone see this is a charade by Judge Fogel?

Judge Fogel obviously does NOT support the death penalty as a matter of personal conscience or whatever and has used every opportunity to throw up roadblocks. Interesting, that the Judge is so disinterested that he has not even toured the new facility or read the training manual. I would consider this judicial misfeasance if not out right neglect.

Anyway, Albert Greenwood Brown has until tomorrow night to decide if he wants a one drug execution or the three drug execution. If he chooses one drug and the State of California balks (says they are not ready to comply) then a stay is immediately granted. However, Judge Fogel’s order states that if Brown chooses one drug then he would have to waive his rights under state law which is the subject of a Marin County lawsuit which is pending.

Then, on Monday, a Marin County State of California judge will be asked to halt the execution while a lawsuit challenging the new lethal injection regulations is pending. Of course. Judge Fogel’s ruling today can be appealed to the Ninth Circuit Court of Appeals.

I still would not hold my breath that there will be any California executions next week or anytime soon.

Previous:

California Executions to Resume? Albert Greenwood Brown Would Be Next

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Michael Angelo Morales Watch: New San Quentin Death Chamber Under Construction

Michael Angelo Morales Watch: California Governor Schwarzenegger Proposes Revised 5-Point Lethal Injection Protocol

Michael Morales Watch: Judge Jeremy Fogel Rules – California Method of Lethal Injection Violates a Constitutional Ban on Cruel and Unusual Punishment

Michael Angelo Morales Watch: Execution Postponed INDEFINITELY

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Michael Angelo Morales Watch: California Governor Arnold Schwarzenegger Denies Clemency Petition

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Albert Greenwood Brown

California Executions to Resume? Albert Greenwood Brown Would Be Next

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Albert Greenwood Brown, the next to die under California Death Penalty law

A California State Appeals Court has paved the way for a resumption of the death penalty in California.
A state appeals court Monday removed one of the few remaining impediments to the resumption of executions in California, helping clear the way for the lethal injection of an inmate later this month.

“We are acting with the assumption that without any stay in place … that the execution will go forward,” said Chief Assistant Atty. Gen. Dane Gillette.

The state is scheduled to execute Albert Greenwood Brown, convicted of raping and murdering a 15-year-old girl in 1980, on Sept. 29. But a federal judge could still delay executions, and another inmate has challenged a new lethal injection protocol.

The state has not executed anyone in nearly five years.

Here is why Albert Greenwood Brown is on death row.

A Sept. 29 execution date was set today for a man who raped and murdered a Riverside teenager nearly 30 years ago.

Albert Greenwood Brown’s death warrant was signed by Riverside Superior Court Judge Roger A. Luebs. His execution will take place at San Quentin State Prison.

“Justice has been delayed for 30 years since Susan Jordan was murdered,” Chief Assistant District Attorney William Mitchell said. “It’s time we moved forward with this.”

Brown’s attorney’s filed a request for an emergency stay, but it was denied Friday by the California Supreme Court, clearing the way for Luebs to set an execution date.

Brown grabbed 15-year-old Susan Jordan in October 1980, as she walked along Victoria Avenue on her way to Arlington High School in Riverside, and raped and murdered the teenager.

Brown then called the girl’s parents and told them they would never see their daughter alive again and could find her in a particular orange grove.

Brown had been paroled from state prison just four months earlier for the 1977 rape of a 14-year-old girl.

He was convicted of the older girl’s rape and murder in 1982 and sentenced to death.

Brown has been on death row for over 30 years and all of his appeals have been exhausted. He goes on September 29th – after 30 years of waiting.

But, alas there are the federal courts where lethal injection procedures are under view for possible Eight amendment violations. anyone want to bet whether this miscreant is executed on the 29th?

In the meantime, Michael Morales and four other inmates on death row may soon be executed.

Deputy Attorney General Michael Quinn said Tuesday officials will soon seek to schedule the executions of five other inmates, including Michael Morales of Stockton. Morales was within hours of receiving a lethal injection for the rape and murder of a 17-year-old girl when U.S. District Court Judge Jeremy Fogel in 2006 halted his execution. Fogel ordered prison officials to revamp the state’s lethal injection procedures in response to Morales’ legal challenge alleging cruel and unusual punishment.

Since then, officials have constructed a new death chamber at San Quentin Prison and rewrote the execution procedures in 2007. Morales and another death row inmate, Mitchell Sims of Los Angeles, filed a separate lawsuit in Marin County in 2007 alleging the new procedures should be subjected to public comment and the state’s time-consuming regulatory adopting process. A judge agreed and barred executions until the state properly adopted the new lethal injection regulations.

On Sunday, prison officials said those new regulations took effect.

Well, let’s see what Federal Judge Jeremy Fogel has to say tomorrow. I wouldn’t hold my breath for any executuions in California – anytime soon.

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California Executions May Resume By the End of 2008

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Michael Morales Watch: Lethal Injection Hearings Delayed Again

Michael Angelo Morales Watch: California Governor Arnold Schwarzenegger Halts Construction of San Quentin Death Chamber

Michael Angelo Morales Watch: New San Quentin Death Chamber Under Construction

Michael Angelo Morales Watch: California Governor Schwarzenegger Proposes Revised 5-Point Lethal Injection Protocol

Michael Morales Watch: Judge
Jeremy Fogel Rules – California Method of Lethal Injection Violates a
Constitutional Ban on Cruel and Unusual Punishment

Michael Angelo Morales Watch: Execution Postponed INDEFINITELY

Michael Angelo Morales Watch: Execution Tonight?

Michael Angelo Morales Watch: Execution Delayed by Doctor Walk Out

Michael Angelo Morales Watch: United States Supreme Court Refuses to Halt Morales Execution

Michael Angelo Morales Watch: California Governor Arnold Schwarzenegger Denies Clemency Petition

Michael Angelo Moreno Watch: State Agrees to Place Anesthesia Expert in Death Chamber

Michael Angelo Morales Watch: Lawyers Withdraw Allegedly Faked Juror Statements Supporting Their Clemency Bid

Michael Angelo Morales Watch: Federal Judge May Delay Execution

Michael Angelo Morales Watch: Ventura County Judge Asks California Governor Schwarzenegger for Clemency

Michael Angelo Morales Watch: Kenneth Starr to Assist Death Row Clemency Bid

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California

California Executions May Resume By the End of 2008? NO They Won’t

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clarence ray allen

In this photo released of Benjamin Vaughn, lower right, with his greatuncle Clarence Ray Allen, lower left, and Allen’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.

Back in April there was some hope that the State of California would resume the death penalty for the slime of the earth so convicted of capital crimes.

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.

Or not.

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.

Stay tuned……

Previous:

California Executions May Resume By the End of 2008

Michael Morales Watch: US Supreme Court Upholds Lethal Injection Executions

Michael Morales Watch: Lethal Injection Hearings Delayed Again

Michael Angelo Morales Watch: California Governor Arnold Schwarzenegger Halts Construction of San Quentin Death Chamber

Michael Angelo Morales Watch: New San Quentin Death Chamber Under Construction

Michael Angelo Morales Watch: California Governor Schwarzenegger Proposes Revised 5-Point Lethal Injection Protocol

Michael Morales Watch: Judge
Jeremy Fogel Rules – California Method of Lethal Injection Violates a
Constitutional Ban on Cruel and Unusual Punishment

Michael Angelo Morales Watch: Execution Postponed INDEFINITELY

Michael Angelo Morales Watch: Execution Tonight?

Michael Angelo Morales Watch: Execution Delayed by Doctor Walk Out

Michael Angelo Morales Watch: United States Supreme Court Refuses to Halt Morales Execution

Michael Angelo Morales Watch: California Governor Arnold Schwarzenegger Denies Clemency Petition

Michael Angelo Moreno Watch: State Agrees to Place Anesthesia Expert in Death Chamber

Michael Angelo Morales Watch: Lawyers Withdraw Allegedly Faked Juror Statements Supporting Their Clemency Bid

Michael Angelo Morales Watch: Federal Judge May Delay Execution

Michael Angelo Morales Watch: Ventura County Judge Asks California Governor Schwarzenegger for Clemency

Michael Angelo Morales Watch: Kenneth Starr to Assist Death Row Clemency Bid


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Capital Punishment

California Executions May Resume By the End of 2008

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In this photo released of Benjamin Vaughn, lower right, with his great uncle Clarence Ray Allen, lower left, and Allen’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.

California lethal injection executions may resume by the end of the year.

Executions in California may resume by the end of the year — with one inmate being put to death by lethal injection each month — as a result of today’s Supreme Court ruling, a high-level state prosecutor said.

Chief Assistant Atty. Gen. Dane Gillette, who has defended the state’s lethal injection procedures against a federal court challenge, said he believes it is “certainly feasible” to resume executions by the end of the year.

U.S. District Judge Jeremy Fogel in San Jose had ordered a temporary halt to executions in California after finding the state’s lethal injection procedures were unconstitutional. A decision by Fogel on whether a new execution protocol by the state meets constitutional requirements is pending.

A hearing in the case has been set for June, but Gillette said it may be moved up as a result of today’s high court ruling. The state plans to ask Fogel to lift his court order and permit executions to resume.

Even if Fogel rules quickly for the state, another legal challenge pending in a California appellate court will prevent the state from executing inmates immediately. Gillette said the state would press for a quick resolution in that case, which was unaffected by the Supreme Court decision.

Resuming executions this year “means a lot of things falling our way, but I think that is entirely possible,” Gillette said.

Federal Judge Jeremy Fogel’s ruling was CRAP and now the Supremes have overturned a bogus attempt to end capital punishment by lethal injection in this country.

The San Quentin “OLD” execution chamber has been remodeled and an updated execution protocol will be adjusted in accordance with today’s U.S. Supreme Court holdings.

Michale Morales has been in prison for over twenty-seven years for the brutal murder by claw-hammer and knife of Terri Lyn Winchell. Morales raped her in the dirt after hitting her in the head 23 times with a claw hammer. He then stabbled her four times to make sure she was dead.

This bastard has been duly convicted of his crimes in a California court of law and the sentence imposed by the court is death.

Morales will be the next to die for his crimes.

Time for justice for Terri Lynn Winchell.

“I will continue to defend the death penalty and the will of the people, and I am confident that California’s lethal injection protocol will be upheld,” Schwarzenegger said.

Governor, it is time for your office to enforce the law of California as voted into law by the people of California in 1978.

Stay tuned……….

Previous:

Michael Morales Watch: US Supreme Court Upholds Lethal Injection Executions

Michael Morales Watch: Lethal Injection Hearings Delayed Again

Michael Angelo Morales Watch: California Governor Arnold Schwarzenegger Halts Construction of San Quentin Death Chamber

Michael Angelo Morales Watch: New San Quentin Death Chamber Under Construction

Michael Angelo Morales Watch: California Governor Schwarzenegger Proposes Revised 5-Point Lethal Injection Protocol

Michael Morales Watch: Judge Jeremy Fogel Rules – California Method of Lethal Injection Violates a Constitutional Ban on Cruel and Unusual Punishment

Michael Angelo Morales Watch: Execution Postponed INDEFINITELY

Michael Angelo Morales Watch: Execution Tonight?

Michael Angelo Morales Watch: Execution Delayed by Doctor Walk Out

Michael Angelo Morales Watch: United States Supreme Court Refuses to Halt Morales Execution

Michael Angelo Morales Watch: California Governor Arnold Schwarzenegger Denies Clemency Petition

Michael Angelo Moreno Watch: State Agrees to Place Anesthesia Expert in Death Chamber

Michael Angelo Morales Watch: Lawyers Withdraw Allegedly Faked Juror Statements Supporting Their Clemency Bid

Michael Angelo Morales Watch: Federal Judge May Delay Execution

Michael Angelo Morales Watch: Ventura County Judge Asks California Governor Schwarzenegger for Clemency

Michael Angelo Morales Watch: Kenneth Starr to Assist Death Row Clemency Bid


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