“The Old Fogel Has Gotten His Wish”
Big Lizards says:
The state of California has given up for now, admitting that under the bizarre new rules decreed by the judicial fiat of Judge Jeremy Fogel, they cannot execute Michael Morales, or indeed any other prisoner they have on death row.
We previously blogged (here, here, here, and here) on the long, strange trip of Morales "there and back again," from his cell in San Quentin right back to the same, old cell he has occupied for nearly twenty-three years, since he was convicted in April 1983 of the brutal beating, rape, and murder of high-school senior Teri Winchell. In the last installment, the court-appointed anesthesiologists point-blank refused to participate in the execution.
The only other option Fogel allowed was to execute Morales by an untried, unapproved overdose of barbiturates. The state planned to do just that before the execution order expired Tuesday at midnight... however, Judge Fogel (a Clinton appointee) then added a new twist: even that lethal overdose must be administered by a doctor, nurse, or medical technician, lest it cause Morales pain:
Prison officials had planned to press forward with the execution Tuesday night using the second option. The judge approved that decision, but said the sedative must be administered in the execution chamber by a person who is licensed by the state to inject medications intravenously. That group would include doctors, nurses and other medical technicians.
To everyone's great and unexpected shock (including Judge Fogel, I'm sure) no such medical personnel were willing to inject the drug. This might have something to do with the fact that the AMA, the American Society of Anesthesiologists, the California Medical Association, and the various professional national and state organizations of nurses and medical technicians all oppose capital punishment -- and have all declared participation by their members in executions to be "unethical," which could lead to the member being subject to disciplinary actions including the loss of his medical license.
So in the end, Jodge Fogel got his way: the execution has been postponed for months, or however long he decides to take before holding hearings -- and all without him having to issue a ruling that could be appealed, and despite the fact that the 9th Circuit Court of Appeals and even the U.S. Supreme Court both refused to stay the execution. Fogel has overruled them all! Executions in California will now cease until one Clinton appointee is satisfied... if he ever is.
And to hell with the voters. Isn't democracy wonderful? Sure wish we had some."
billmillan.blogspot.com |
