Posted in: News

Moratorium On California Executions Upheld

California Executions Moratorium

The moratorium on California executions was upheld in court on Thursday by a California appeals court, prohibiting the state from executing condemned inmates until it comes up with a new lethal injection protocol.

The state currently has 736 inmates on death row, but has not performed any executions since 2006, because of the legal battle. Thursday’s court ruling was the latest in a series of moves against capital punishment in California.

Executions were first halted by a moratorium a judge imposed seven years ago. That judge ruled that the state’s use of a lethal three-drug cocktail was cruel and unusual punishment.

Corrections officials have worked since then to come up with a solution to the injection procedure’s problems. However, it imposed its own moratorium on executions in a state trial after they decided the process was “a substantial failure.”

Thursday’s court ruling was in response to condemned murderer Mitchell Simms, who sued the state of California in 2010, arguing that one of the three drugs used to kill inmates was not needed and would also cause excruciating pain. The state’s 1st Appellate District made the decision on Thursday.

Superior Court Judge Faye D’Opal of Marin County, where San Quentin State Prison’s death row is, ordered another moratorium on California executions until the California Department of Corrections enacts new regulations that comply with state rules.

D’Opal found that the state did not explore a sufficient amount of alternatives to the three-drug combination. They also didn’t explain why a single drug system wouldn’t be as effective. A three-judge panel upheld the ruling.

The current cocktail of drugs used in the state’s lethal injections contains sodium pentothal (anesthetic), mancuronium bromide (muscle paralyzer), and heart-stopping medication potassium chloride.

With the latest ruling on Thursday, state officials will have to decide if they will change the rules regarding lethal injections or if they will appeal the ruling to the California Supreme Court.

[Image via California Department of Corrections]

Articles And Offers From The Web

Comments

61 Responses to “Moratorium On California Executions Upheld”

  1. Brian Powers

    (That judge ruled that the state’s use of a lethal three-drug cocktail was cruel and unusual punishment.)…..And killing a victim IS NOT? Kill those heartless thugs however you can!

  2. Cory Farmer

    The one-drug protocol has proven just as deadly as the 3-drug. And pretty quick.

  3. Anonymous

    ok so you have this death row inmate who decided to chop up people and let them slowly bleed to death and these people deserve the right to a graceful humane death. That's justice for ya.

  4. Anonymous

    California, please hurry and find a solution, you are ruining the best entertainment. I love it when another one bites the dust! And another ones gone, and another ones gone, another one bites the dust,

  5. Karla McIntosh

    736 free loaders- Gotta go Gotta go! These states are always looking for ways to cut costs, try a bullet or a rope. I'm sure lethal injection will look a lot better then. Sound too cruel? What about their Victims? Maybe "they"" should die the way they chose for their victims!

  6. Donald Lee Dunbar

    A bang stick would work just fine and they'd never know what hit them.

  7. Ken Huffman

    Tall tree and a short piece of rope. No muss no fuss.

  8. Darrell Wade

    Fuck that……I say they need to know what's coming. tie them up and have a machine hurl golf balls at them at over 200mph until they are dead.

  9. Michael McGarrah

    The three drug cocktail is also very expensive. If the answer is a single "drug" simply go to home depot and buy a can of Brasso, inject via an IV and bingo, fast, effective and all for less than five bucks plus the cost of gas. I wonder how that judge would like that idea?

  10. Sheena Wilson

    Bullets are cheap, just shoot them in the head. Keeping them on death row is costing tax payers massive amounts of money which could go to better use. I am sorry, I don't feel we need to be "humane" when executing these monsters.

  11. Susan Jackson Burch

    oh this so pisses me off take them out back shoot them and be done with them xoxo

  12. Leonard Davis

    As soon as these killers were convicted they should lose all rights for any appeal.
    All the money spent on stupid appeals court cases. It's all a waste of time and money.

  13. Karla McIntosh

    GREAT IDEA!! A Very Budget Wise Plan! Fulfills their excerise requirements and gets rid of the trash- No need to hire extra employees.

  14. Ron Bristow

    Liquid Drain-O would work just fine and you can get that at Walmart! There's enough in one bottle to kill thirty or more scumbags and you could use the same syringe on all of them because they wouldn't have to worry about bacterial or viral transfer!

  15. Elisabeth Bolyard Bennett

    I was going to say the same thing. I know there've been several innocent people proven innocent by dna who were on death row but personally I'd love to see scott Peterson pay for what he did and is not man enough to admit to it.

  16. Anonymous

    How about checking with the state of Texas…..I think they have it down pretty good and there are no Appeals of the method of execution.

  17. Michael March

    Hmmmm, just call them "Retroactive Abortions". They don't have a problem with killing unborn babies in California, so just rename what they are.

  18. Jasbo Jasberenive

    With 736 awaiting their execution on death row…. We need out Judicial system to speed up their appleals decisions….AND then we need to "Fast-Track" these convicts retuning them to theri maker! $80,000.00 per prisoner kept on death row…..( $80,000.00…X…736…=$58.8 MILLION PER YEAR)! We need to schedule them all for 'back to back' appointments with a good phlebotomist…….

  19. Anonymous

    Yep. Only one chemical is needed: potassium chloride for the heart. Skip the other humane ones – they don't deserve them.

  20. Gilbert Furguson

    use the guillotine and harvest the parts for transplant ; get something back,,, course this can lead to the death penalty for a parking ticket,,, and do not say it can't happen here,,, just look around at what's happening.

  21. Gary Aspen

    I think the courts should change the way they put down thugs. They should be killed in the same manner as there victims, if they stab there victims 47 times they to should receive the same. We are not here to baby them, they didn't care about there victims they deserve the same treatment. This will save the state of California a lot of money and should cut down the amount of capital crimes, even if it doesn't the end result should be the same.

  22. Gary Aspen

    I think even bullets cost to much, at this point their life isn't even worth a bullet. Bullet are for game hunting, that what ropes and knives are for.

  23. Gilbert Furguson

    any behavioral psychologist can {and will} tell you that punishment is best delivered as soon as possible after the crime so that it will be associated with the crime ; not as a separate event ,, check out the amount of time between conviction and execution for horse stealing in the old west <usually no more than a week>.

  24. Gerald Bell

    use a sword like god said and stop working for sataan in this business off with their hed no pain no gain.

  25. Sam Stephens

    Between corrupt judges and even more corrupt lawyers the citizens of Kalifornia get screwed again, no death penalty as was voted on and approved by the citizens of Kalifornia. Even the dead victims get screwed again and again. Where's the justice?

  26. Sam Stephens

    No, bullets are not cheap anymore, thanks to DemocRATs in control of Kalifornia's legislature. Bullets are taxed and then taxed some more. Only in America and only in Kalifornia where the fruit pick the people, not the other way around.

  27. Anonymous

    Just give them an overdose of heroin. It's not painful and the state can use drugs confiscated from criminals.

  28. Ron Collins

    Send them to Texas. Let's see how long they stay on Death Row there………..

  29. Barbara Burke

    What did Kavorkian use? His patients all died with a smile. Also.. I guess the electric chair didn't cause excruciating pain?

  30. Ruth Johnson

    This is ridiculous. Go back to the gas chamber if you have to. They were legally sentenced to death, so do it already!

  31. Princeton Bardwell

    Send them to the hospital, have anethesia put them to sleep. Just don't wake them up. It can't be cruel and unusual if it's done thousands of times a day throughout the world. For that matter why do we need a judge to decide a medical issue? Anesthestic, KCL and job done. Not a big deal unless you are the one executed.

  32. Brenda Schlafke

    The Voters need to release these stupid judges and appoint someone who cares about California. Why would you keep serial killers on the tax roll, let them live a life of luxury, give them law degree's in prison? I know of a serial killer on death row in California that is still enjoying his life after slaughtering 15 young men. He even has his own web site. Really?

  33. Teresa Guyette

    What's this frigin country coming too? Kill the innocent and protect the criminals? Get rid of our costly garbage! We shouldn't have to pay to house and feed them their on death row for a reason. Get rid of them!

  34. David Hill Sr

    Do what Utah does, give them the choice, firing squad or hanging. No mater what they die. Personally, I think we should just shoot em. $1.25 bullet versus $5 to 10,000 for humanitarinism. Don't forget the VICTIMS.

  35. Brian Schroeder

    Murderers basically torture their victims through fright and pain, we think it is horrible. But when we want to make someone pay for their crime we are supposed to be so humane and caring when we decide to execute a killer for their crime. Doesn't seem to make sense to me.

  36. Missy Wright Anderson

    It's cruel and unusual punishment to fall asleep and then not wake up? How is that cruel? These people on death row – especially the ones put there in the last few years – will never see it anyway.

  37. Kim Shrader

    Justice for all…really? Where is the justice for the victims? There is always MUCH more concern for the useless, sub-human garbage than the innocent. Decent people will never be free of fear from these idiots.

  38. Kenneth Lichtig

    Texas and Florida has the Death Penalty. That means California Head of Prisons could use what they use.

  39. Tina Marie

    MY friend was raped and murdered in high school… It was 1980. The slime responsible was finally going to have his day of reckoning in September of 2010… And then it didn't happen. The stress to her family just keeps on going. Cruel and unusual they claim. I don't think he gave much thought to how cruel and unusual being raped and murdered was while he was ending a beautiful life. In comparison, his death would be a cush one. It is time for this nonsense to stop. Our tax dollars are spent on housing, feeding and defending the dregs of society… People who wouldn't think twice about harming any one of us or our children if given the chance. The victims of these horrid people remain victims in our justice system. Truly a shame!

  40. Donald Lee Dunbar

    LMAO Darrell, that's a great Idea. Only problem is the pacifists in cali will have no part of that. It would hurt the poor murderers.