updated 12/15/2006 6:03:54 PM ET 2006-12-15T23:03:54
BREAKING NEWS

A federal judge who imposed a moratorium on executions in California on Friday declared the state’s method of lethal injection unconstitutional.

U.S. District Judge Jeremy Fogel ruled that California’s “implementation of lethal injection is broken.” But, he said, “it can be fixed.”

Fogel said the case raised the question of whether a three-drug cocktail administered by the San Quentin State Prison is so painful that it “offends” the Eighth Amendment ban on cruel and unusual punishment.

Fogel said he was compelled “to answer that question in the affirmative.”

Fogel's decision came on the same day that officials in Florida announced they were re-examining that state's lethal injection system in the wake of the botched execution of a killer early this week.

Lethal injection is the preferred execution method in 37 states.

Last month, a federal judge declared unconstitutional Missouri’s injection method, which is similar to California’s.

The U.S. Supreme Court has upheld executions — by hanging, firing squad, electric chair and gas chamber — despite the pain they might cause, but has left unsettled the issue of whether the pain is unconstitutionally excessive.

California has been under a capital punishment moratorium since February, when Fogel called off the execution of rapist and murderer Michael Morales amid concerns that condemned inmates might suffer excruciating deaths.

Fogel found substantial evidence that, despite being given sedatives, the last six men executed at San Quentin might have been conscious when lethal drugs were administered because they were still breathing.

He ordered anesthesiologists to be on hand, or demanded that a licensed medical professional inject a large, fatal dose of a sedative instead of the additional paralyzing agent and heart-stopping drugs that are normally used. But no medical professional was willing to participate.

Attorneys for Morales alleged in a lawsuit that Morales might appear unconscious after being injected with a sedative, but internally he would suffer excruciating pain, “burning veins and heart failure,” once the paralyzing and the death drug were administered.

Morales, 47, of Stockton, raped and brutally beat a 17-year-old Lodi girl 25 years ago.

California’s death row is the nation’s largest, with more than 650 inmates.

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