Calif judge refuses death row inmate’s request to block 1st state execution since 2006

By Terry Collins, AP
Monday, September 27, 2010

Calif state court judge refuses to block execution

SAN RAFAEL, Calif. — A California state court judge refused a death row inmate’s request Monday to block his scheduled execution this week.

It’s the second significant legal setback for Albert Greenwood Brown in his effort to stop the execution scheduled for 12:01 a.m. Wednesday.

A federal judge on Friday also refused to block the execution.

On Monday, Brown asked Marin County Superior Court Judge Verna Adams to halt his execution until a lawsuit filed by Brown and another death row inmate is resolved. The suit challenges the state’s new lethal injection regulations, saying the procedures were improperly adopted.

Corrections officials revised the procedures after a federal judge halted the death penalty in California amid concern the state’s method of lethal injection amounted to cruel and unusual punishment.

California deputy attorney general Jay Goldman told the judge the regulations were adopted legally after a lengthy process that included public input.

Judge Adams said after an hour-long hearing Monday that she would not halt Brown’s execution while the lawsuit is pending.

“Mr. Brown can not prove that he will suffer pain if he is executed under the current regulations,” Adams said.

The new regulations adopted on Aug. 29 call for prison officials to inject Brown with a lethal dose of sodium thiopental, pancuronium bromide and potassium chloride.

Lawyers for the two inmates challenging the new regulations said they would appeal immediately to the 1st District Court of Appeal.

Brown’s attorneys also asked the 9th U.S. Circuit Court of Appeals to block the execution.

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