SAN JOSE A judge weighing whether the state's lethal injection method is an unconstitutionally cruel punishment said Friday that the issue hinges on whether the condemned inmate is aware of what's happening. "The critical question, I guess, the court has to look at is what evidence there is of consciousness," U.S. District Judge Jeremy Fogel said at the conclusion of the four day hearing. Until a ruling, which Fogel expects to issue in November, executions in the state are on hold. Fogel halted the execution of rapist and murderer Michael Morales in February after his lawyers claimed inmates were suffering...
