Unnecessary Headlines
From the San Mateo County times, page two of a story about the delay of the execution of Michael Morales two hours before his scheduled departure from this world: "Morales relieved after news of postponement."
No shit, Sherlock!
This was his second near-death moment; the previous night, Mr. Morales was spared when the two anesthesiologists who had agreed to supervise the execution backed out on ethical grounds. They were to be there as a result of an order by US District Judge Jeremy Fogel that two anesthesiologists be available at the execution to ensure that Mr. Morales was adequately anesthetized with sodium thiopental, a barbituate, before the introduction of pancuronium, which causes paralysis, and potassium chloride, which induces a heart attack.
The following night prison officials tried to find someone, anyone, who would meet the terms of Judge Fogel's alternative solution: the direct intravenous injection by a licensed professional of a lethal dose of sodium thiopental alone. No one wanted the job, and the death warrant finally expired.
The state must now go back to the original trial judge for a new death warrant should they decide to proceed again. This judge, Judge Charles McGrath, has now come to believe that the witness on whose testimony he relied when he instructed the jury to deliver a death sentence was lying. In a highly unusual move, Judge McGrath submitted his own letter with the clemency petition delivered to Governor Schwarzenegger. The clemency petition was rejected, of course, we must keep the base happy, which was why the dance of the reluctant doctors played out on Monday night.
An interesting twist to this story is that one of the lawyers who worked on the clemency petition to the Governor is none other than Kenneth Starr, of the Clinton impeachment debacle. It appears he is now trying to make an honest living saving murders from the death penalty. According to the LA Times, one of the reasons he took the case was because he "was intrigued to learn that Morales was a 'deeply sorrowful Christian.'"
Another twist in the story is the affidavits allegedly from six members of the original jury that were included in the clemency petition. Apparently five of the six statements, in which the jurors appealed for clemency, were forged and had to be withdrawn by the defense team, to the astonishment of legal experts across the land. The six statement, which was not challenged, was neutral and asked the Governor to make the decision. Ooops!
The ending of the story is that a second hearing on the constitutionality of death by lethal injection will be held in May. Between now and then many Americans will say they believe murders should suffer agony as they die. None of them will step forward to stick a needle in Mr. Morales's arm.
(Thanks to the San Mateo County Times and the SF Chronicle for the facts in this post).