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SAN FRANCISCO - A federal judge has ruled that California's present method of execution through lethal injection is unconstitutional but said it could be fixed by changing the procedure.
California's "implementation of lethal injection is broken, but it can be fixed," Judge Jeremy Fogel of the US District Court for Northern California wrote in a much-anticipated decision.
The judge cited a series of reasons for his decision that affects hundreds of inmates on the nation's largest death row:
-- Inconsistent screening of executioners and lack of training.
-- Inconsistent and unreliable record-keeping.
-- Improper preparation and administration of lethal drugs.
-- Inadequate lighting, overcrowded conditions and poorly designed execution facilities.
"The systemic flaws in the implementation of the protocol make it impossible to determine with any degree of certainty whether one or more inmates may have been conscious during previous executions," the judge wrote.
"The responsibility for this uncertainty falls squarely upon defendants, and the circumstances clearly implicate the Eighth Amendment."
- REUTERS
