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CDCR Finalizes Lethal Injection Regulations

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The California Department of Corrections today took a significant step toward putting into effect the barbiturate-only execution protocol it announced a year ago, meeting the one-year deadline.  Don Thompson has this report for AP.

CDCR sent its final product to the Office of Administrative Law, which reviews regulations for compliance with the state's Administrative Procedure Act.

Does this matter?  Yes, if neither Proposition 62 nor Proposition 66 passes next Tuesday.  The polls are mixed, but that is a possibility we can't rule out.  If either passes, the administrative process will be moot.  Either we will have no death penalty or the law will revert to what it was understood to be before 2007 -- that the APA does not apply to execution protocols.

CDCR was required to establish the new protocol as part of a settlement of a suit brought by Bradley Winchell and Kermit Alexander, family members of victims of murderers on death row.  The murderers' executions are being held up by the lack of a usable protocol, with reviews of the judgments having been completed years ago.  CJLF provided representation in that case.

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