Michael Morales, 46, is scheduled to be put to death by lethal
injection at San Quentin State Prison for murdering 17-year-old Terri Winchell of Lodi in 1981 by trying to strangle her, beating her with a hammer and stabbing her. Morales was also convicted of raping her.
In one appeal, Morales claims his death penalty was based on allegedly false testimony by a jailhouse informant.
That appeal and an emergency motion for a stay of execution were filed with the U.S. Supreme Court this morning by attorney David Senior of Los Angeles. Morales has admitted he murdered Winchell, but claims he should not have been given a death penalty.
In the second high court appeal, Morales claims the state's procedure for lethal injection executions is unconstitutional because there is a risk that he could suffer extreme pain. Attorney Richard Steinken of Chicago said defense
attorneys plan to file that appeal in the high court in early afternoon.
As a result of a ruling by U.S. District Judge Jeremy Fogel in San Jose last week, the state for the first time will have an anesthesiologist present in the execution chamber to make sure Morales is unconscious and unable to feel pain.
From FOXnews:
SAN QUENTIN, Calif. — The state on Tuesday postponed indefinitely the execution of a condemned killer amid a court battle over the state's method of lethal injection and the role doctors may play in the death chamber.State officials notified the federal courts they would be unable to comply with a judge's order to have a medical profesional administer a lethal dose of barbiturate to Michael Morales in the execution chamber, a court spokeswoman told The Associated Press.
Morales, 46, was supposed to die by lethal injection at 12:01 a.m. But the execution was put off until at least Tuesday night after the anesthesiologists objected that they might have to advise the executioner if the inmate woke up or appeared to suffer pain.
"Any such intervention would clearly be medically unethical," the doctors, whose identities were not released, said in a statement. "As a result, we have withdrawn from participation in this current process."
U.S. District Judge Jeremy Fogel gave prison officials a choice last week: bring in doctors to ensure Morales was properly anesthetized, or skip the usual paralyzing and heart-stopping drugs and execute him with an overdose of a sedative.
It's amazing to me that a US District Judge could have ZERO common sense. To issue this type of order, must have the family and friends of Terri Winchell up in arms. I would be willing bet that Morales did not give Terri Winchell anesthesia...
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Comments on Morales Gets Temporary Stay
Once again a judge gets in our collective faces.
|| Posted by pappy, February 22, 2006 10:29 AM ||If only they would let a nurse do the job I would do it for free.
This state is "whacked," to quote my teenaged son. It is beyond me how anyone with even half of a brain can give a lick for the criminal and not the victim and victim's family.
|| Posted by , February 22, 2006 10:53 AM ||More on California's next move in the death penalty case involving Michael Morales.
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