North Bay News
Judge strikes down lethal injection procedure
MARIN COUNTY, Calif. -- A Marin County Superior Court judge Friday struck down California's three-drug lethal injection procedure, ruling it was in violation of state law.
Sara Eisenberg, the attorney for Death Row inmate Michael Sims who challenged the procedure, said Judge Faye D'Opal's ruling after a hearing in Marin County Superior Court today upheld her tentative ruling on Thursday.
In that ruling, D'Opal said the state Department of Corrections and Rehabilitation didn't adequately explain why it rejected a one-drug lethal injection procedure that used a barbiturate as recommended by one of the department's experts.
"Today the court struck down California's three-drug lethal injection protocol because it was enacted in violation of California law," Eisenberg said.
"Executions cannot resume in California until the Department of Corrections and Rehabilitation complies with the required administrative procedures, including assuring meaningful public participation in the rule making process, rather than shortcoming those procedures as it did with the three-drug protocol the court invalidated today," Eisenberg said.
Executions in California have been on hold since January 2006 because of state and federal court procedural challenges to the lethal injection procedure.
A federal lawsuit by condemned inmate Michael Morales alleges the state's three-drug lethal injection procedure constitutes cruel and unusual punishment. The case is pending in San Jose and is not expected to be heard until late 2012. A spokeswoman for the California Department of Corrections and Rehabilitation did not return a request for comment this afternoon. The CDCR can appeal D'Opal's ruling or change the lethal injection procedure after receiving public comment.
marin county, death penalty, north bay news
- Frigid temperatures continue in the Bay Area
- 18 LA sheriff's deputies face criminal charges
- Judge to determine if Oikos shooter fit to stand trial
- Gay partner benefits growing at Fortune 500 firms
- South Africa names speakers for Mandela ceremony
- Shooting victim found near school in Vallejo
- Palo Alto man says he was well-fed in North Korea
- NTSB to highlight 'over-reliance' during Asiana hearings
- Facebook considers adding "sympathize" button
- Winter Spare the Air called through Tuesday
- Photos: Record low temperatures freeze the Bay Area
- abcnews: Newlyweds accused in thrill-kill murder
- roundup: Rising tides; Teen shot in SF 58 min ago
- weather: Bay Area weather forecast for Monday
Most Viewed StoriesMost Viewed Photos