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Injection News

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We are told that Judge Fogel in San Jose has declared California's injection protocol invalid and that Governor Bush in Florida has called a temporary halt in the wake of the Diaz execution. We will have more when available.

Update: Judge Fogel's decision is here.

Regrettably, this means further delay in already long delayed justice for the murder of Terri Winchell, as well as other pending California and Florida cases. However, Judge Fogel's order does indicate that an anesthetic-only protocol would be constitutional.

Coverage: Adam Liptak and Terry Aguayo in the New York Times; Henry Weinstein in the Los Angeles Times; David Kravets for AP.

The Governator's legal affairs secretary, says, “As the ruling provides, the administration will review the lethal injection protocol to make certain the protocol and its implementation are constitutional. Gov. Schwarzenegger will continue to defend the death penalty and ensure the will of the people is represented throughout the ongoing court proceedings.”

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Jeb Bush's move is probably a preemptive strike.

As for Fogel's decision, it is simply amazing that a stay should issue years after lethal injection was put in place. In my view, as between the pain of the victim's family from the delay and the risk of pain of the defendant, I know where I come out.

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