Judge allows resuming California executions

By ASSOCIATED PRESS
September 25, 2010 06:30




SAN FRANCISCO — A federal judge cleared the way Friday for California's first execution in nearly five years, citing the state's efforts to revise its lethal injection procedure and a Supreme Court ruling making it more difficult for condemned inmates to delay their death.

Barring successful appeals to other courts, convicted murderer and rapist Albert Greenwood Brown is scheduled to die on Wednesday, after US District Court Judge Jeremy Fogel refused to block the execution.

Brown failed to show "a demonstrated risk of severe pain" as required by a 2008 US Supreme Court ruling upholding Kentucky's lethal injection process, the judge said in his ruling.

Brown's execution would be the first in the state since Fogel placed a de facto moratorium on capital punishment in California and ordered prison officials to overhaul the process in 2006.


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