High court ruling could clear way for California executions to resume

The U.S. Supreme Court opened the door today to the resumption of capital punishment nationwide, ruling that the combination of drugs that California and most other states use to execute inmates does not cause a substantial risk of severe pain and therefore is constitutional.

The justices' 7-2 ruling came in a case from Kentucky, which like California uses a powerful anesthetic to render an inmate unconscious, followed by a paralyzing drug that halts breathing and a chemical that stops the heart.

At least 30 states of the 36 that provide for lethal injection use that combination. Condemned prisoners in virtually all those states have contended in lawsuits that the process lacks safeguards to make sure the anesthetic is effective, creating the risk that the inmate will remain conscious and in agony while dying - and, because of the paralyzing drug, will be unable to cry out.

In California, which has the nation's largest Death Row with 669 inmates, executions have been on hold since February 2006, when U.S. District Judge Jeremy Fogel of San Jose granted a stay to Michael Morales of Stockton, convicted of raping and fatally beating 17-year-old Terri Winchell of Lodi in 1981.

Fogel ruled in December 2006 that the state's lethal injection procedures were so haphazard, with poorly trained staffers operating in a dimly lit chamber at San Quentin State Prison, that they created an undue risk of a needlessly painful execution. The state responded by announcing new procedures, including closer monitoring of the condemned inmate and better training of prison staff, and is building a new execution chamber at San Quentin. Fogel has put the case on hold to await the Supreme Court ruling.

...the possibility of an anesthetic failure and a painful death did not amount to cruel and unusual punishment, even if ...

Fogel, Jeremy D.

Born 1949 in San Francisco, CA

Federal Judicial Service:
Judge, 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

California executions to resume?

Maybe.

There were no executions between 1972 and 1992.

There have been 13 executions since April 1992, less than one per year.

Since 1977, 14 have committed suicide, about 40 died from natural causes, and a couple were murdered.

About 670 are currently on Death Row.

A guy I played football with, Steve Crittenden is on California death row for the double homicide of a prominent Chico physician and his wife. Steve slaughtered these two people. What he did to them is horrific. I hope his execution is coming soon. As a side note, one of my closest buddies from high school, who also knew Steve and played football with us, has a brother who guards Steve at San Quentin.

Steve was not that good of a football player, yet played at Chico in Butte County and ESPN at one time was given his name by some idiot to do a story on as a former athlete on death row. I laughed when it was claimed Steve was a standout player.

Interesting that I found this stupid article from a Rooney, haha. If this is the same Rooney that played football at Vanden High then I can surely see why you'd say something stupid about Steve Crittenden because he not only was an all state, all region high school football player, who still holds 2 state records for interceptions in the state of California. He was also a great basketball player who won state and he was also a great track runner who once won the state championship in basketball and had time in the very same day to come back in time at Vanden relays and anchor our 4X400 relay team to a sound victory and who also went to state in the open 400 meter and won. Before we even moved to California, Steve was a multi sport athlete who was "All Europe" in football, basketball and track. Also as a freshman he started for Chico and he was an honorable mention 2nd team all American in 2A football who led the division in interceptions and he was also the 2nd leading tackler on the team. That is why sport enthusiasts are interesting in him because all these things can be confirmed. What Steve did away from school is speechless, it tore my family up in ways that have never been able to be repaired. And for Rooney to come on here ranting a bunch of nonsense is out of jealousy because I remember you being nothing more than a lineman. Your name wasn't in the paper like Steve's was for three different sports and also a honor roll student. I'm not trying to make my brother out to be a saint because he surely is a murderer and only God can judge him on that. I have not talked to my brother for over 20 yrs now because of the pain that he caused for the Chiapella’s and also my family. But I do know this Steve was a great athlete but unfortunately he had another side that should of been addressed way back when he was a kid. Rooney seriously get your facts straight before you come on-line saying a bunch of nonsense and lies. There are alot of people who hated my brother and it's a known fact that he was a total jerk, but let me tell you like I've told others, “take a number”. There's a long line of sorry athletes that seem to come out of the wood work wanting to judge Steve because in reality back in 1985 they surely didn't have the balls to say it to his face. FYI be on the look out for a book coming real soon and a A&E special. There are tons of people who have for the last 20 yrs wanted to do a story on Steve, but my family has been through enough and we simply would say no because in my opinion its sick to profit off of a murderer of innocent, elderly people. Rooney there's a whole lot that you do not have a clue about in Steve's life that he led before we moved to California and I suggest you read the book when it comes out so you can be properly informed. I'd love to have a way to contact you so we can talk about this like men. Please feel free to respond but understand please respond with respect for me because I've done nothing to you to deserve less and take care.

Yes, Steve is a murderer of two elderly people that he tortured and butchered for a few thousand dollars. For that he will pay with his life and will be judged by God. I feel sorry for your family and you and the family of his victims. You all too were his victims.

In fact, I am in contact with a friend from high school that has a brother that works on death row and sees your brother often.

As far as a standout football player on our team, I hate to break the news to you, Steve was not. As the offensive captain of the team, I think I would know that. Steve played free safety and did a good job, but a stand out no. He was a member of our team and not even a leader that others followed. As far as his name in the paper often, Steve was in there very limited. I would know, I have all the articles written back then. I am damn proud of my five years playing football. Of the five years (four in high school and one in pop warner), three were undefeated, and each team I played on, I was fortunate to be the team captain. During those five years, we only lost seven games. Those are facts.

As far as your claim of Steve being on the honor roll, Steve was not in one advanced class from Math, Science or English. I would know because I was in them.

I have article after article of myself and the others I played with. I have a long list of guys that played football with Steve that would tell you, he was not a standout on our team. Guys like Bryan Batchan, Ron Beverly, Mark Baranowski, Glenn Kelly, et al were studs. Your brother was not one of them. I would know. I was there.

As far as you claim no one dared to tell these things to Steve's face, sorry but that is no true either. Once again, I would know. I went to school with him and played football with him and no one I knew was intimated by him, and I certainly was not.

If you would like to contact me, you can send me freepmail here anytime you want to and I would be happy to respond to you. You can send freepmail by clicking on the link that says send mail versus posting on the thread.

I wish you and your family well, and I respect the fact you think no one should make money off of the murder of two elderly people. That is admirable on your part.

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