Post by Anja Nieser on Oct 1, 2006 6:37:14 GMT -5
Death penalty hearing ends
A federal judge could rule by early November on challenges a Stockton man
made to the states method of lethal injection, claiming it causes cruel
and unusual punishment.
U.S. District Judge Jeremy Fogel of San Jose conducted a hearing this week
in the case of Michael Angelo Morales. Morales, 46, was sent to San
Quentin State Prisons death row for hammering, stabbing and raping
17-year-old Terri Lynn Winchell in 1981.
Morales came within steps of San Quentins execution chamber on Feb. 21
when his attorneys won a delay resulting in this week's 4-day hearing.
In closing, Fogel expressed concern for the slain Winchell and her family,
but added that he has a very specific job in deciding if Californias
3-drug lethal injection protocol might cause Morales an unconstitutional
level of pain.
One doctor testified that sodium thiopental the 1st of 3 drugs used in
executions is quick acting and despite appearances doesn't keep the
inmate unconscious even while painful drugs are injected to stop the heart
and lungs.
Fogel asked attorneys for Morales and for the state's Attorney General to
file closing arguments by Oct. 27.
"I'd like to get a decision out as soon as possible," he said.
Fogel left open the possibility of more oral arguments, if necessary.
"This is something I feel strongly about," Fogel said. "I don't want to
rush into something so important."
After this week's hearing, Fogel will consider hundreds of pages of
evidence and the testimony of expert witnesses, included nationally
renowned anesthesiologists, pharmaceutical researchers and veterinarians.
(source: Stockton Record)
A federal judge could rule by early November on challenges a Stockton man
made to the states method of lethal injection, claiming it causes cruel
and unusual punishment.
U.S. District Judge Jeremy Fogel of San Jose conducted a hearing this week
in the case of Michael Angelo Morales. Morales, 46, was sent to San
Quentin State Prisons death row for hammering, stabbing and raping
17-year-old Terri Lynn Winchell in 1981.
Morales came within steps of San Quentins execution chamber on Feb. 21
when his attorneys won a delay resulting in this week's 4-day hearing.
In closing, Fogel expressed concern for the slain Winchell and her family,
but added that he has a very specific job in deciding if Californias
3-drug lethal injection protocol might cause Morales an unconstitutional
level of pain.
One doctor testified that sodium thiopental the 1st of 3 drugs used in
executions is quick acting and despite appearances doesn't keep the
inmate unconscious even while painful drugs are injected to stop the heart
and lungs.
Fogel asked attorneys for Morales and for the state's Attorney General to
file closing arguments by Oct. 27.
"I'd like to get a decision out as soon as possible," he said.
Fogel left open the possibility of more oral arguments, if necessary.
"This is something I feel strongly about," Fogel said. "I don't want to
rush into something so important."
After this week's hearing, Fogel will consider hundreds of pages of
evidence and the testimony of expert witnesses, included nationally
renowned anesthesiologists, pharmaceutical researchers and veterinarians.
(source: Stockton Record)