Judge considers blocking Morales execution

AP ^ | 2/10/6 | DAVID KRAVETS

[SmithL]

SAN JOSE, Calif. - A federal judge is considering whether to block a murderer and rapist's Feb. 21 execution to provide enough time to determine whether lethal injection is unconstitutionally cruel and unusual punishment.

"People's confidence and integrity in the process might be assisted in having some kind of evidentiary proceeding," U.S. District Judge Jeremy Fogel said Thursday from the bench after an 80-minute hearing. He said he would rule by Tuesday.

Lawyers for Michael Morales asked Fogel to block the looming execution amid claims lethal injection violates the Eighth Amendment.

Morales, 46, was condemned for raping and murdering a 17-year-old Lodi girl 25 years ago.

The Stockton man has a long legal road to travel in his bid to stay alive, even if he wins a reprieve by Fogel. The U.S. Supreme Court has never endorsed a claim that lethal injection, used in 36 states, is unconstitutionally cruel, although the justices are weighing the procedure by which inmates can make such a challenge.

Morales also is asking Gov. Arnold Schwarzenegger to commute his sentence to life without parole, a clemency bid supported by the trial judge and six jurors who sentenced him 23 years ago.

Last year, Fogel dismissed a similar Eighth Amendment challenge by three-time murderer Donald Beardslee. Days later, Beardslee was injected at San Quentin State Prison, where California carries out its executions.

But Fogel did not afford Beardslee a so-called "evidentiary" hearing by which experts will examine medical records of past California executions and haggle in court over whether prisoners are conscious and feeling pain once a paralyzing agent begins coursing through their bloodstream.

[SmithL]

Tookie Him!

[SmithL]

Fogel, Jeremy D.

Born 1949 in San Francisco, CA

Federal Judicial Service:
U. S. District Court, Northern District of California
Nominated by William J. Clinton on September 8, 1997, to a seat vacated by Robert P. Aguilar; Confirmed by the Senate on March 16, 1998, and received commission on March 17, 1998.

Education:
Stanford University, B.A., 1971

Harvard Law School, J.D., 1974

Professional Career:
Private practice, San Jose, CA, 1974-1978
Lecturer, Human Development, California State University, 1977-1978
Law Foundation, Inc., Santa Clara County, CA Bar Association, 1978-1981
Directing attorney, Mental Health Advocacy Project, 1978-1981
Executive director, 1980-1981
Judge, Santa Clara County, CA Municipal Court, 1981-1986
Judge, Santa Clara, CA Superior Court, 1986-1998

Race or Ethnicity: White

Gender: Male

[martin_fierro]

Nominated by William J. Clinton on September 8, 1997, to a seat vacated by Robert P. Aguilar

A Carter appointee, and a real piece of work. Resigned after being convicted of disclosing a Fed wiretap.

[bill1952]

Does this liberal trash crap ever end?

How many times do we revisit the same thing?

What I suspect is really happening is that he is looking for a way to frame the argument/ruling so as to make the death penalty cruel and unusual punishment, period.

[Cyclopean Squid]

He's right. Lethal injection is cruel and unusual punishment. Let's change the method to hanging instead. Or the guillotine. Ooo, I know, drawing and quartering! Now that's humane!

[martin_fierro]

Send FReepmail if you want on/off SVP list
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[Gay State Conservative]

Nominated by William J. Clinton

So could it be that this clown,as well as The Most Ethical President In History,doesn't know the meaning of the word "is".

[martin_fierro]

Pssst!

I posted another photo of another public figure who has a face.

You may want to investigate.

[AZRepublican]

OK then, hang him since that was always the prefered method by those who gave us the Constitution :-)

[Titan Magroyne]

Yet another. *sigh*

Not like his victim got to have a peaceful, painless death. Oh wait, an ouchie from the needle going in.

[LegendHasIt]

Lethal Injection cruel and unusual punishment huh?

OK.... Hang him, shoot him, give him 'the chair' or 'the chamber'.

Personally, I think Lethal Injection is too good for such people...(its what I'd pick if I were sentenced to execution.... pretty easy way to go.)

[Moonman62]

commute his sentence to life without parole, a clemency bid supported by the trial judge and six jurors who sentenced him 23 years ago.

I wonder why.

[Unicorn]

Hang him.

[goodwithagun]

So rape and murder is not cruel and unusual?

[metmom]

I'm really beginning to lean towards *an eye fo an eye*. They should get what they dished out. If they didn't have any qualms about doing it to someone else, they should be willing to accept the same.

[joe fonebone]

Death by 90 story drop........totally painless

[metmom]

ping

[BigBobber]

If lethal injection is cruel and unusual, how can it be legal for doctors to use it for "assisted suicide" in Oregon?

[layman]

judge and six jurors sentenced him 23 years ago

What's the rush?

[Ouderkirk]

haggle in court over whether prisoners are conscious and feeling pain once a paralyzing agent begins coursing through their bloodstream

And what about the pain that the victim suffered at the hands of this scumbag !!! No thought for that..is there.