Death Row Inmate Challenges Execution:  Just days away from being executed, a Missouri death row inmate is arguing that his life should be spared because a brain tumor that left a hole in his head could cause seizures during a lethal injection.  Tracy Connor of NBC News reports that 55-year-old Ernest Johnson's attorneys have filed appeals to halt his November 3 execution in both federal and state court; a federal court petition states that the small hole left in his skull from the removal of a brain tumor in 2008 "will likely result in a severely painful execution" and he has requested the appointment of a "special master" in state court to determine whether he is mentally retarded. So far, the federal appeal has been dismissed by a judge.  In 1994 while on a crack binge, Johnson used a claw hammer to bludgeon shop workers Fred Jones, Mary Bratcher and Mable Scruggs to death in a robbery.  He has been sentenced to death three times.  He will be the seventh death row inmate executed in Missouri this year.

Video Surfaces of Waco Biker Shootout:  Surveillance footage and crime-scene photos recently obtained by CNN show the May shootout between rival biker gangs at a Twin Peaks restaurant in Waco, Tex., that left nine dead and resulted in hundreds of arrests.  Justin Wm. Moyer of the Washington Post reports that in a Facebook post, the Waco Sheriff's Department stated that neither the Waco Police Department nor the McLennan County District Attorney's Office authorized the release of the video or photographs, noting that the department is under a gag order.  A small group of individuals, including defense attorneys, had access to the footage and could be held legally and ethically responsible for its leak.  Details of the May 17 shootout, including who may have started the brawl, remain unclear.  The incident resulted in nine deaths, 177 arrests and the recovery of 480 weapons.  None of the individuals arrested have been charged with murder.

Federal Judge Orders Changes to MN Sex Offender Program:  In a 43-page order, a federal judge Thursday ordered Minnesota officials to make specific, immediate changes to the state's 21-year-old commitment program for sex offenders.  Elizabeth Mohr and Rachel E. Stassen-Berger of the Pioneer Press report that U.S. District Judge Donovan Frank deemed the Minnesota Sex Offender Program (MSOP) unconstitutional because the 700-plus offenders who have been civilly committed, either in lieu of or following prison sentences, are "effectively locked up indefinitely with no hope of release."  In his order, Frank directed state officials to begin reassessing all individuals in MSOP facilities, begin discharge proceedings for residents who should no longer be there, ensure less restrictive placement options for those eligible and start performing annual risk assessments on all residents. Minnesota Gov. Mark Dayton rejected the order, calling it "a potential risk to public safety," and the state filed an appeal within hours.