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Judge keeps his feelings on death penalty private (fed judge who put brakes on executions)
The Mercury News ^ | Mar. 01, 2006 | Patrick May

Posted on 03/01/2006 3:36:37 PM PST by Former Military Chick

Anyone curious about the motives of the federal judge who has temporarily put the brakes on executions in California should know this: Jeremy Fogel comes with plenty of personal biases.

He leans decidedly toward the San Francisco Giants.

He would probably rule in favor of the jazz stylings of pianist Keith Jarrett.

And he's partial to the steam-poached salmon with Dijon beurre blanc when dining at Maddalena's in Palo Alto.

His true feelings about the death penalty, however, are not up for discussion.

``My feeling is that it's constitutional,'' Fogel said this week in an interview with the Mercury News. ``Until the Supreme Court says otherwise, it's the law, and my job is to enforce the law.''

After eight years on the U.S. District Court in San Jose, Fogel, a 56-year-old appointed by President Clinton, finds himself dead-center in one of the nation's most divisive and emotionally charged debates. When the state was unable to comply with his conditions for administering drugs to end the life of condemned killer Michael Morales last week, Fogel effectively shut down California's death chamber.

To help determine whether the death-by-injection method constitutes cruel and unusual punishment, he has ordered California's first-ever hearing on the process, putting it at the forefront of states re-evaluating how they carry out such executions -- and infuriating the family of the teenager Morales beat to death with a claw hammer.

``I think it's ridiculous what this judge has done,'' said Terri Winchell's brother, Brian Chalk. ``No one in his right mind would put Morales' chance of feeling 1 percent of the pain ahead of what my sister went through. . . . The problem with our country is that judges keep changing the law.''

Fogel bristles at the criticism.

(Excerpt) Read more at mercurynews.com ...


TOPICS: Front Page News; News/Current Events
KEYWORDS: districtcourt; execution; federal; gramsci; jeremyfogel; michaelmorales
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Interesting back ground.
1 posted on 03/01/2006 3:36:40 PM PST by Former Military Chick
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To: Former Military Chick

"My feeling is that it's constitutional"

If it were not, why would the 14th amendment state very clearly, "nor shall any State deprive any person of LIFE, liberty, or property, without due process of law"?

Emphasis on LIFE added by me.

I am far less interested in judges "feelings" than in their interpretations of the constitution.


2 posted on 03/01/2006 3:56:16 PM PST by Owl558 (Pardon my spelling)
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To: Former Military Chick

It sounds as if, even though he is yet another clintonoid, he may actually not be a liberal fanatic. But he still managed to step in it. It was a dumb decision, and he deserves whatever flak he gets.


3 posted on 03/01/2006 3:59:10 PM PST by Cicero (Marcus Tullius)
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To: Former Military Chick

"appointed by President Clinton"


4 posted on 03/01/2006 3:59:29 PM PST by dynachrome ("Where am I? Where am I going? Why am I in a handbasket?")
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To: Owl558

I agree I am currently trying to find a way to post the entire opinion on FR, it really gives you an eye into his decision and frankly well ... I will let others decide for themselves ....

FMC

http://www.ce9.uscourts.gov/ca9/Documents.nsf/54dbe3fb372dcb6c88256ce50065fcb8/e0489b00c2cb5906882571190006a91e/$FILE/en%20banc%20final.pdf


5 posted on 03/01/2006 4:12:11 PM PST by Former Military Chick (Pray for my beloved "No Longer Free State" as he is deployed to IRAQ.)
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To: Owl558; SmithL; dynachrome; doug from upland; right right; KC_Conspirator; TNCMAXQ; ...
I still have to ask who ever said that death was to be a pain free event. For many of these convicted killer's their death will be much more humane than what they did to their victim's. In the article Fogel states the following (I have included his opinion for YOU to decide)-FMC

He suggests people read his 15-page opinion to understand his reasoning, which centers on the possibility that an inmate may still be conscious -- and therefore suffering -- well into the three-drug execution protocol. The drug-delivery system is intended to anesthetize the prisoner first, before death occurs. The hearing will focus on whether it actually works that way.

``Rather than block the execution,'' Fogel says, ``I was looking for a way for the case to proceed.''

While some see in Fogel a judge with an agenda jamming up a death-delivery system supported by case law and national polls, another Fogel can be found each day in Courtroom No. 3 at the federal courthouse. In interviews with friends, fellow judges and lawyers, a portrait emerges of a respected jurist who is by the book and also respectful of the lives affected by his rulings.

Opinion by Judge Fogel

6 posted on 03/01/2006 4:35:43 PM PST by Former Military Chick (Pray for my beloved "No Longer Free State" as he is deployed to IRAQ.)
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To: Cicero

I am a lawyer and appeared before him many times when he sat on the Santa Clara County Superior Court. Despite the fact that he was appointed by Jerry Brown, and to the federal court by Clinton, he is a good and wise man, and not an iealogue of any kind.

I think he stepped in it on this one, though.


7 posted on 03/01/2006 4:46:38 PM PST by j.havenfarm (Issuing my fatwas from the holy city of Auburn, California.)
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To: Former Military Chick

Yes, but does he drink wine spritzers?


8 posted on 03/01/2006 4:47:14 PM PST by cloud8 (Wanna come up and see my avatar?)
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To: colorcountry; gjbevil; Joe Boucher; arthurus; LeoWindhorse; 4bbldowndraft; jocko12; mtbopfuyn; ...

FYI PING


9 posted on 03/01/2006 4:49:37 PM PST by Former Military Chick (Pray for my beloved "No Longer Free State" as he is deployed to IRAQ.)
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To: j.havenfarm


I appreciate you adding your thoughts to this thread, it is helpful to have such insightful comments on such hot topics.

I had read somewhere that he was against the DP? Any first hand thoughts on that observation?


10 posted on 03/01/2006 4:51:55 PM PST by Former Military Chick (Pray for my beloved "No Longer Free State" as he is deployed to IRAQ.)
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To: Former Military Chick
The problem with our country is that judges keep changing the law

Yep, it's about the judges again.

11 posted on 03/01/2006 4:52:17 PM PST by A CA Guy (God Bless America, God bless and keep safe our fighting men and women.)
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To: Former Military Chick
The SOB is a liar whose words are belied by his conduct. You don't impress us as truthful, impartial or committed to justice, Judge Fogel. And for obvious reasons, we decline to address you as Your Honnah.

(Denny Crane: "I Don't Want To Socialize With A Pinko Liberal Democrat Commie. Say What You Like About Republicans. We Stick To Our Convictions. Even When We Know We're Dead Wrong.")

12 posted on 03/01/2006 4:54:21 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: A CA Guy

You are direct, to the point and of course RIGHT.

I had thought this was justice for the victim's, silly me.


13 posted on 03/01/2006 5:03:48 PM PST by Former Military Chick (Pray for my beloved "No Longer Free State" as he is deployed to IRAQ.)
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To: Former Military Chick

Well, he's a Keith Jarrett fan so I'll grant him that positive (spoken by someone who's about worn out his copy of The Koln Concert, and is looking to buy Keith's latest solo concert CD sooner than later).


14 posted on 03/01/2006 5:04:00 PM PST by GB
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To: Former Military Chick
Sure it is hurting the victim's family, but I think the issue is justices trying to create law that don't exist that mirrors their political views.

I don't think the family of the victim did anything to affect this one way or another.
The Judge IMO is the problem.

I feel bad for the parents and I do hope they scream bloody murder and get the Judge in hot water with people.

The way I also look at it is they worry about minor pain of the killer, so they leave the family who's kid they killed in agony.
I also agree, what about their pain? I hope that all comes down on that Judge.

15 posted on 03/01/2006 5:18:20 PM PST by A CA Guy (God Bless America, God bless and keep safe our fighting men and women.)
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To: Former Military Chick
I agree with you. I don't understand this whole idea that the execution of a murderer/rapist etc needs to be painless. The death of the victim is usually quite painful and filled with terror.

I can be a rather sadistic S.O.B. when it comes to the method of execution. To me it should be as painful as possible. It's about punishment.

16 posted on 03/01/2006 5:18:39 PM PST by Ouderkirk (Funny how death and destruction seems to happen wherever Muslims gather...)
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To: Former Military Chick

As always, thank you for the ping!


17 posted on 03/01/2006 6:33:32 PM PST by fuzzthatwuz
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To: j.havenfarm

Thanks for the confirmation. You can't trust the media to present the facts fairly, but usually their distortions show, and reading this it did seem as if he must be a pretty decent guy.


18 posted on 03/01/2006 8:36:29 PM PST by Cicero (Marcus Tullius)
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To: Former Military Chick

If he believes the death penalty is constitutional where in the constitution is he basing his decision on what specifies the method? All his decision has done is promote him has an activist judge.


19 posted on 03/01/2006 10:31:21 PM PST by taxesareforever (Government is running amuck)
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To: Former Military Chick

If you are covicted of heinous crimes I don't give a damn if your execution is painful.

ThanksChick.
What did you do in the military???


20 posted on 03/02/2006 3:18:18 AM PST by Joe Boucher (an enemy of islam)
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