We have items today from California, Kentucky, and Washington.
First, the ACLU of Southern California blog posts, "You Can’t Leapfrog the Law if You Want to Execute People in Its Name."
Declaring that “justice has been delayed too long,” California state and county officials this week rushed into court to request execution dates for the first time in almost five years. To some, it might sound like the government is finally doing what it needs to do to get executions moving forward. But in reality, they are ignoring the law, setting up victims’ families for yet another painful disappointment, and causing even more delays.
That’s because they know full well that the state has a time-out on executions that was put in place in 2006, over concerns that our execution procedures were so plagued by problems that they were unconstitutional. This past Monday, when the Riverside DA’s office and state officials asked a judge to set an execution date for Albert Brown, they knew another judge would decide the very next day whether executions could resume. Sure enough, by Tuesday morning, a state court judge in Marin issued an order stating that executions remain on hold.
But prison officials handed Mr. Brown the death warrant anyway. Even worse, they told the press they are moving forward with preparing for an execution, despite the judge’s order. State officials also declared on Tuesday they would ask for another execution date, in the case of Michael Morales, even though the federal court order halting his execution remains in place.
Earlier coverage from California begins here.
In Kentucky, the AP report is, "Judge denies stay of Kentucky execution," via the Lexington Herald-Leader. It's written by Brett Barrouquere.
A Kentucky judge on Wednesday denied two requests to halt the impending execution of an inmate convicted of murder and rape, saying the arguments were too flimsy to support a stay.
Kenton Circuit Judge Gregory Bartlett ruled that there was "overwhelming evidence" of Gregory L. Wilson's guilt and said that a DNA test of two decade-old evidence wouldn't prove his innocence.
Bartlett also didn't find enough evidence to support a claim that Wilson, 53, is mentally retarded. The U.S. Supreme Court ruled in 2002 that executing the mentally retarded is unconstitutional.
Wilson, an Ohio native, is scheduled to die by lethal injection Sept. 16.
And:
Wilson has also intervened in a separate case brought by three other death row inmates challenging the way Kentucky adopted the lethal injection protocol.
The attorney in that case, public defender David Barron, has asked a judge in Frankfort to enforce an injunction halting all executions the Kentucky Supreme Court. A hearing has been set for Sept. 8.
The high court stopped executions in November because the protocol was not adopted properly, but the state has since readopted the three-drug protocol.
A lethal injection challenge plays a role in Washington, as that state prepares to carry out its first execution since 2001. The Seattle Times reports, "Federal judge denies stay of execution for Cal Coburn Brown." It's written by Jennifer Sullivan.
A U.S. District Court judge on Tuesday refused to block the execution of Cal Coburn Brown, who is scheduled to die by lethal injection sometime after midnight Sept. 10.
The request for a stay before Judge John Coughenour in Seattle was the last remaining motion pending in court, but appeals are expected.
"This ruling moves Mr. Brown closer to facing the verdict that a jury imposed on him more than 16 years ago when he was found guilty of aggravated first-degree murder," state Attorney General Rob McKenna said in a statement. "While he has confessed to his crimes, we anticipate Mr. Brown will continue to seek additional delays in the 9th Circuit or the U.S. Supreme Court, which we will contest as they occur as we seek justice for the victim, her family and the state."
Seattle attorney Gil Levy, who is on Brown's defense team, said Tuesday afternoon that an appeal would be filed with the 9th U.S. Circuit Court of Appeals on Wednesday. "We disagree with the decision denying the stay," Levy said.
Public radio station KUOW has, "Coburn Brown Loses Stay Request," by Patricia Murphy.
Attorneys for Cal Coburn Brown asked US District Judge John Coughenour to review the state's new one–drug protocol for lethal injection. They also challenged the Department of Corrections' authority to obtain the prescription drug sodium thiopental needed to carry out the execution, as well as the qualifications of the execution team.
But Judge Coughenour was unmoved by the appeal. The Seattle judge said the questions raised by Brown's attorneys have already been answered by other courts. In an email, Brown's attorney Gil Levy said they will appeal the judge's ruling.
Earlier coverage from Washington begins with this post.
In March, Washington became the second state to adopt a single-drug lethal injection procedure; coverage begins here. Ohio changed its lethal injection protocol to use a single-drug following a botched execution attempt, last year. The first single-drug lethal injection execution was carried out by the state on December 8, 2009. Ohio has carried out 8 executions under the new protocol.
Related posts are in the lethal injection index.
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