Judge rejects California execution plan

A judge on Friday threw out        judicial academic center in
California's new lethal-           Washington.
injection protocols, which         D'Opal's ruling, though
have been six years in the         expected to be appealed by
making, because corrections        the California Department of
officials failed to consider       Corrections and
a one-drug execution method        Rehabilitation, would further
now in practice in other           stall federal court review of
death penalty states.              the new protocols and ensure
The action by Marin County         that executions won't resume
Superior Court Judge Faye          for years.
D'Opal sends the state back        CDCR spokeswoman Terry
to square one in redrafting        Thornton said corrections
procedures for lethal-             officials were reviewing the
injection executions. The          ruling and had no immediate
death penalty has been on          comment.
hold for six years in              Anti-death-penalty activists
California after a federal         cheered D'Opal's decision,
court ruling deemed the            casting it as a sharp
previously used three-drug         reminder of the billions of
method unconstitutional            dollars being spent on a
because it might inflict pain      broken capital punishment
amounting to cruel and             system.
unusual punishment.                "The time has come to replace
D'Opal said in her 22-page         the death penalty with life
ruling that the state's            in prison with no chance of
failure to consider replacing      parole," said Natasha Minsker,
the former execution practice      an American Civil Liberties
with a single-injection            Union of Northern California
method violated state law and      lawyer and campaign manager
ignored the courts' and            for a voter initiative to
public criticism of the            repeal capital punishment.
previous protocols.                "Any attempt to devise new
The de facto moratorium on         lethal-injection rules will
executions imposed by U.S.         take an enormous amount of
District Judge Jeremy Fogel        public employee time and cost
in February 2006, when he          hundreds of millions of
halted the scheduled lethal-       dollars."
injection execution of             A three-year study published
convicted murderer Michael A.      earlier this year by a
Morales, has remained in           federal judge and a Loyola
place despite the state's          Law School professor reported
revision of the procedures to      that taxpayers have spent $4
address Fogel's concerns.          billion to carry out 13
Attorneys for Morales and          executions since capital
other condemned inmates have       punishment was reinstated in
made additional challenges to      1978, and that it costs at
the new execution protocols,       least $184 million a year to
and Fogel left the bench           maintain death row and the
earlier this year to head a        capital defense system.       

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