Judge seeks review of Calif. executions

Published: Dec. 15, 2006 at 10:04 PM

SAN JOSE, Calif., Dec. 15 (UPI) -- A federal judge in California ruled Friday that the state's execution procedure risks violating the constitutional ban on cruel and unusual punishment.

U.S. District Judge Jeremy Fogel said state officials must tell him within 30 days if they intend to review the lethal injection protocol, and must also set a deadline for finishing the review, The Los Angeles Times reported.

"The state's implementation of California's lethal injection protocol lacks both reliability and transparency," Fogel said.

The ruling came in a suit by Michael Morales, who was scheduled to be put to death last February. The execution was put on hold with two hours to spare because the state Corrections Department was unable to comply with changes ordered by the judge.

In addition to taking four days of testimony, Fogel visited the execution chamber in San Quentin Prison.

Fogel found problems with six past executions. One issue is whether the procedure -- which involves administering three drugs -- risks putting a condemned person in excruciating pain.

© 2006 United Press International, Inc. All Rights Reserved.
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