(California) State attorney general seeks federal order to execute rapist-murderer

[alp227]

Source: Los Angeles Times

The California attorney general’s office asked a federal appeals court Wednesday morning to issue a writ that would clear the way for the state’s first execution in more than four years.

State lawyers argued in their brief that U.S. District Judge Jeremy Fogel should not have halted the execution of Albert Greenwood Brown Jr. in order to properly review the state’s new lethal-injection procedures.

The attorney general’s office said Brown’s attorneys failed to show any evidence that the state’s new procedures for lethal injections would cause a condemned prisoner severe pain and noted that the U.S. Supreme Court ruled two years ago that similar procedures used for executions in Kentucky were constitutional.

Brown, who was convicted of the 1980 rape and murder of a 15-year-old Riverside girl, was scheduled to be executed at 9 p.m. Thursday at San Quentin State Prison.

Read more: http://latimesblogs.latimes.com/lanow/2010/09/california-execution.html

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On yesterday's gubernatorial debate, Brown stated that although he personally opposes the death penalty, he will always uphold the standing law regarding it as governor.

As Arkansas governor and presidential candidate, in 1992 Bill Clinton (who also beat Jerry Brown in the primary and whose words about Brown have been misused by the Whitman campaign) oversaw the execution of Ricky Ray Rector, a murderer on death row who also had mental retardation, as a political move to express a "tough on crime" stance.

[greiner3]

1. "political move to express a "tough on crime" stance."

How progressive to take the plunge like this. Personally, I believe any attempt at capital punishment is wrong on the face of it. However, many liberal politicians believe otherwise, for many different reasons. I don't take your stance with this post. That does not make you a bad person. On the contrary, I don't know you at all and cannot say one way or the other whether you are a bad person or not.

Just saying.

[Freddie Stubbs]

2. Brown promised to enforce the law, even if he disagreed with it. He's keeping his promise

[slackmaster]

4. Unlike his non-defense of Proposition 8

(Which I also opposed)

:shrug:

[Freddie Stubbs]

10. Big difference, as he considers Prop. 8 to be unconstitutional, but

he just has a moral problem with the death penalty, but not a legal one.

[slackmaster]

11. Nothing in the state constitution or law require the AG to take any specific position on any case

A moral problem is sufficient reason for an AG to act one way or another.

[Freddie Stubbs]

9. dupe

[slackmaster]

3. As a DP oppononent I'm really sorry to see Jerry Brown take the position he has on this one

Because he is opposed to the DP, it creates the appearance of being inconsistent with the tack he took in refusing to defend Proposition 8.

Either the AG can pick and choose which cases to pursue based on his personal opinion, or he can't. It appears that his pursuit of the DP in this case is politically motivated.

But he'd never do anything for political expediency, would he?

[pinboy3niner]

5. He regards Prop 8 as unconstitutional

So there really isn't any inconsistency.

[slackmaster]

7. Sure, anyone can spin anything any way they want to, and Whitman is much worse on DP

If Brown really thinks the DP is wrong, he does have the authority not to pursue this one.

The reason that executions are on hold here is that appeals have been filed claiming they are unconstitutional. Does Brown not believe that death is cruel and unusual? I do.

[pinboy3niner]

8. If Brown also regards DP as unconstitutional, then you have a fair point

I haven't seen him go so far as to say that, but it could well be the case. It's certainly a good question.

[alp227]

6. And now: the state has called off the execution

http://latimesblogs.latimes.com/lanow/2010/09/california-calls-off-brown-execution.html

State officials called off the scheduled execution of a convicted murderer Wednesday, hours after the California Supreme Court intervened in the case and made it all but impossible to carry out the death sentence.

The attorney general’s office had begun the day by asking a federal appeals court to allow the execution of Albert Greenwood Brown Jr. to proceed but later asked the court to dismiss the request. Brown had been scheduled to be put to death by lethal injection at 9 p.m. Thursday.

“A new execution date will be sought in accordance with applicable law and in conformity with all court orders,” said Christine Gasparac, a spokeswoman for the attorney general’s office.