California Executions Moratorium Upheld, Again

    May 31, 2013
    Sean Patterson
    Comments are off for this post.

In 2006, a U.S. Distroct Court judge in California ruled that if a lethal injection execution was performed incorrectly, it could lead to cruel and unusual punishment, which is prohibited by the eighth amendment to the U.S. constitution. Since that time, no execution of a prisoner has taken place in California, and the issue has been tied up in courts. This week, the de-facto moratorium on California executions was once again upheld in court.

According to a Los Angeles Times report, a three-judge panel of the 1st District Court of Appeal on Thursday upheld a decision finding that California did not properly meet public disclosure requirements for revised lethal injection procedures. The ruling was unanimous. The state still has the option of appealing the decision to the California Supreme Court.

The ruling reportedly found that California corrections officials failed to adequately inform the public of possible alternative execution styles. In particular, the court found officials failed to justify its policy of using a three-drug method of lethal injection, rather than others, such as a one-drug method that a California state expert had recommended.

The Times reports that California’s death row now includes more than 700 inmates. Those inmates are now more likely to die from suicide or natural causes than from execution.

  • Pete Rohrig

    Cruel and unusual…seems to me that keeping someone locked up with a death sentence hanging (excuse the pun) over their head is more cruel…so why don’t we just let them all out.

  • your mother

    According to California, people like Charles Manson deserve to live. Had he been tried in Texas, he’d have been buried a long time ago.

    • marta

      And the rest of his psychopath family members!

    • sharon schmidt

      Charles Manson should have been the poster child for the death chamber..

    • Paul

      That’s completely wrong. Manson was sentenced to death. However, in 1972 the Supreme Court ruled that capital punishment was “cruel and unsual”, and all condemned in America, Texas included, received a commuted sentence. Manson was among those getting a reprieve. The Supreme court later reversed that decision, in 1976. Please get your facts straight.

  • BillT

    No problem – bring back the gas chamber

  • andrew

    Be careful when you fight the monsters, lest you become one

    • sharon schmidt

      then I’m a monster, but I didn’t kill anyone

      • Wasula

        Sharon, according to Jesus Christ, what you do in your heart be it adultery or killing, it’s as if you did it for real to him. So, if you’re really this gung-ho supporter of the death penalty, then yeah, you have killed in Christ’s eyes.

  • andrew

    When you play god and kill this person, you are no better than he was when he took the lives of the other people. His life already ended the day he was put in jail. Darkness cannot drive out darkness only the light can do that.

    • sharon schmidt

      get real…God forbid if any of your loved ones die at an animals hands, would you be so hasty to forgive?

  • death

    screw the 8th ammendment start excicuting prisoners straght away by painful mean like impalement like they deserve

  • marta

    Hmmmmm,let’s see, lethal injection could lead to “cruel and unusual punishment”, damn it all, I bet all those inmates on death row took that into consideration before murdering their victims, but to make sure their choice of the death penalty did cause exactly that, but 10 times more! When will we stop showing compassion for those who deserve it the least?

  • sharon schmidt

    Sooooo, the victims of these animals did not receive cruel and unusual punishment? Really? I say why wait…gas is good..

    • Tenley

      It costs taxpayers much more to keep the death penalty. And there have been 18 people exonerated in the last several years who were on death row and innocent thanks to DNA. Most families of victims are ok with life with out parole if it means the person is actually in prison until they die. I have researched the death penalty for four years and it is something I was for until I learned more about it.

      • sharon schmidt

        Yeah but, Tenley, I totally agree with the DNA and thank God they got exonerated…but lets talk about the animals that.. admit guilt, or without a doubt did the killing…

        • Wasula

          So then YOU become the animal that does the killing; where is the logic in that? Did you know there are people out there who falsely confess to crimes? Do you know already folks have been wrongly executed? No, there’s nothing right about the DP. Christ said: Let him without sin cast the first stone.

  • http://yahoo charles

    Get in or get out. It cost MILLIONS to appeal. If your Not going to ‘Walk The Talk”. Cancel the death penalty. and go to Life without parol.

    • laughing Out Loud

      The millions to appeal keep people working, pumps money into the economy, keeps the system going. Keeping them life without parole is welfare, the money goes stagnant helps no one. Put people to work, or give money to welfare. What helps society more. Not all money spent has equal benefit, some helps the economy while some does not. Appealing helps, sitting in prison does not.

  • Stephen

    A bullet to the head is quick, cheap, and it will get the job done.

    • Zaphod Beeblebrox

      They should die from lead poisoning……..to the head!

    • Tenley

      It is not cheap, these individuals still get their appeals which is why the death penatly costs more than life without ever being paroled. Read up on it. And Maryland just abolished capital punishment this year making it the 18 state to do so. Look at the Jodi Arias trial, anyone can say they could impose the death penalty if they had too yet the jury who said this in this trial couldnt so now the family has to sit through another sentencing phase and listen to all the evidence all over again with a new jury. It is ridiculous, the prosecutor should have just allowed life without parole and this would be done. It seems as if Jodi gets another few weeks in the Jodi Arias show….

      • Cathie

        One appeal and that is it! Fry them!

  • Linda Brown

    And look at some of the scum they got sitting there sucking up tax dollars like Scott Peterson and Richard Allen Davis? One murdered his pregnant wife and other raped and murdered a little girl! And then there is Richard Ramirez who killed 14 people! That scum has been on DR for over 25 yrs now! If you all had wasted him way back then, he would have fried in the electric chair or gassed in the chamber! I have always figured as I am now 54, that I would be long in my grave before CA executes Scott Peterson and then RAD and Ramirez have now been on death row for DECADES??? I wonder how many there is sitting on death row, as it stands right now, they might as well relax, it does not appear that in this decade that they will be executed and this has to wear heavy on the victim’s families who want justice.

    • ?facebook maureen

      These Scumbags, just mentioned, make me sick. I’ll gladly kill them myself. Let’s hope Jodi Arias will be among death row in Az

      • sharon schmidt

        We can only pray, Maureen. That is one sick woman…the poor defender slobs bit off more than they can chew with that waste of air.. God forgive me, but He did say an eye for an eye..I think we should stick her in a shower and have Norman Bates take care of her…I am still surprised the defense didn’t claim her mental, she would have gotten life for sure…

        • Wasula

          An eye for an eye was part of the Mosiac Law, it was replaced by the law of the Christ. Remember what HE said: Let him who is without sin cast the first stone. I guess that would be you and many others here. Now, what happens when the State gets it WRONG? Innocent people have been put to death already…what do YOU say to their family? Maybe you’d be for giving them a set sum of money or a formal apology. I’m sure either one would be a real (cold) comfort.

  • Bruce Fromong

    A 45 to the back of the head almost never fails. That would be sound, a little messy, but we make a new job for someone. On worst than what they did to the people they killed in cold blood.

  • zee da campos

    The Death Penalty was voted in!
    Start the overdue penalty phase.
    Everyone Please do not call these cold blooded Murderers Animals.
    Do not insult the animal kingdom.

  • http://yahoo.com Art

    cruel and unusual punishment? Give me a break they wouldn’t be on death row if they were upstanding citizens. Bring back the old ways and fry the SOB’s. Quit being a sissy your killing this garbage why worry if it hurts or not. What a joke!

    • ?facebook maureen

      Wasn’t that cruel and unusual punishment of THEIR VICTUMS ??????

  • rob d

    Being a native Texan living in California temporarily I’m kind of glad my home state still executes death row inmates. Over 700 death row inmates this state is using tax payers money to keep the scum of the universal alive very disappointing California. Spend your money on schools and programs to help the youth not murderers.

    • Bear

      It costs more to execute someone than to keep him/her in prison. You should know that by now.

      • Jim

        Bear – again, only because the courts have done everything possible to hinder and delay executions. Clearly, the lower courts in California do not want this to happen. I believe this is directly tied to their political beliefs.

      • laughing Out Loud

        Once again. The cost for keeping someone alive benefits no one, the money is stagnant. The jails are over crowded. The cost to execute people, is because it is paying people to work, lawyers, the court system, it keeps the economy moving. Positive impact of money spent vs negative draining to keep them alive. All money spent is not the same. One type has benefit, the other is just a draining sponge absorbing but not giving anything back.

  • Rashi Walters

    This is why California has so many problems. The bolshevik judges, 9th circuit a joke, the rule of ambulance chasing ‘attorneys’, the dementia candidate as governor and the Bolsheviks who continue to vote themselves more free cheese. Oh….lets not forget, open the boarders and let the entire third world come here, the great state will give them free food, housing and medical!
    If a state cannot execute these criminals they should be assigned housing next door to these vermin judges!

    • bamboe

      You made an astute observation. But at the time when Ronald Reagan was elected California governor, I do not believe his dementia was obvious. But years later when as President, Ronald Reagan Granted Amnesty to Illegals in the USA, thus providing incentive for millions more to enter, it was becoming noticeable.

  • thomas w. boger,jr

    Criminal Killers have shown they cannot exist in society,however it should always be difficult for society to legally Murder anyone.

    • rollyn

      how incredibly odd that murder is NOT cruel and unusual but an execution is? Epic fail.

  • PJ

    California…home of fruits and nuts….

    Come to TEXAS…if you KILL someone, we will KILL you BACK!

    • bamboe

      And if you didn’t do, we might kill you anyway. We may not be bright, or right, but we are Texans.

  • Nam Vet

    The firing squad still works great. Oh that’s right, their Top Dog in the State Capital doesn’t like guns.

  • Jack

    It sure an he-ll did not bother the inmates on death row to dispatch their victims in cruel and unusual ways. Have no pity on them either.

  • Pat

    upheld a decision finding that California did not properly meet public disclosure requirements for revised lethal injection procedures. And just why the hell should it matter that they have to meet public disclosure requirements? Who cares? Keep them on dead row at 80k a year. This is stupid.

  • Jeff

    I have lived in California my entire life, what was once the best state in the Union until it was taken over by a bunch of idiots like Boxer and Feinstein. What about the cruel and unusual punishment that Polly Klaas endured at the hands of the sick and twisted two time convicted sex offender (“Davis” ) put this little girl through until her murdered her. This guy who laughed about this crime and flipped off the girls father when he was sentenced. This creep who had been released from prison once too soon, broke into her house and took her by force in the middle of the night from her family. I am sorry this twisted individual does not deserve to draw breath. When are the people of California going to wake up and pull their heads out and stop electing this week excuse for state wide political leadership who panders for the votes of fools. As Dennis Miller says,,,,,”Some time you just have to thin out the heard”.

    • Mike

      Cruel and unusual punishment…Send them to Mexico, Lima Peru. If we had more prisons like them, we would have a lower prison population. Just saying:)

    • bamboe

      The best you can come with is a lame Dennis Miller quote?

  • Keengkong

    I just don’t understand the point of killing someone to prove that killing someone is wrong. The point that actually gets conveyed is that it’s okay to kill someone so long as there is a good reason. Most killers think that they have a good reason. When someone murders another, keep that person locked up.

    • Paul

      Maybe if you got locked up in a cell with some of the condemned for a weekend, you would find some good reason for them to be executed.

    • http://www.bowsbymaude.com maude

      Finally, someone who is sensible and not obsessed with revenge.

      • rollyn

        capital punishment is hardly revenge – there are responsibilities to living in a civilized society – one of those is not to kill other humans – why should murderers continue to live when their victims had and have no say and are dead dead dead dead – sensible is not keeping murderers alive year in and year out for umpteen thousands – 3000 sit on death row in the U.S. – a start would be carrying out the sentence given them by a jury of their peers –

    • rollyn

      capital punishment does not have prove anything to you or I – it is to say to the murder – you lose – forever – it costs you and I bales of money to keep murderers alive and for NO absolutely NO reason at all –

      • Bear

        No, it costs more to execute someone than it does to keep him in jail. It’s been shone time after time. With all the appeals and cost of trials and such it costs more than an extra set of clothes or another meal being served. Also capital punishment does not deter crime, and more and more we’re finding DNA evidence proving people we have found guilty to be innocent. We’re one of the few remaining civilized countries still with capital punishment and no end in sight to crime. Are we doing something wrong?

        • Jim

          Bear – It wouldn’t cost more to execute people if the courts would stop doing everything in their power to prevent capital punishment. In terms of deterrence, execution would certainly deter the killer from committing murder again. As for others, deterrence is not an issue. You execute a person as a means of providing their victims Justice.

        • roy

          That makes absolutely no sense. You must be retarded to regurgitate such drivel!!!

        • laughing Out Loud

          All those costs are putting people to work, paying wages, which in turn puts money back in to the economy. I will take those costs over the cost of keeping these deadbeats alive on death row where no one benefits but them with their costs.

    • Jim

      Keengkong – In reference to your first sentence, the point is Justice.

    • james nelson

      Keengkong the reason for capital punishment is to get rid of scum who commit murder and not to babysit them for the rest of their lives. And as far as cruel and inhuman punishment is concerned I sure as hell don’t know where that came from. These guys deserve the most violent exit from this world. Bring back the rope or the chair or for that matter the guillotine. We tend to be more concerned about murderers than the murderer gave to his/her victim.

    • Justice

      You would ‘understand’ if you had a family member or friend murdered. It is a travesty of justice to let people who murder others continue to live with no punishment. Especially those who have murdered and want to continue to live. It shoud not be about what they ‘want.’

  • Cathie

    There are currently 733 people on death row in California and there are a grand total of 3,125 nation wide. I don’t know about the rest of you, but I hate my tax dollars going to pay to keep these people alive. It cost each taxpayer in America $43,700 dollars a year to support anyone in prison. Our tax dollars would be better spent on our school system.

  • Paul

    When a cold-blooded killer was executed here in Texas recently, his last words to the warden were about how good the drugs felt as they were being pumped into him. His “last meal” were some strong sedatives that gave him a pleasurable, “high” before he slid into unconsciousness. Yes, that “three-drug method” gives the condemned a final buzz of pleasure (unlike the treatment they gave their victims).
    I don’t buy into this nonsense of lethal injection being cruel. Maybe Cali should bring back the gas chamber. I understand the endh doesn’t come immediately, the outcome is uncertain, and sometimes the execution is excruciating and drawn out. That will give some perspective to the situation.

  • ds

    Lethal Injection is necessary in this Country, in as much as it is used as a punishment for murder. I support it. Murderers need to know that if they murder someone, their life will be taken. I wonder to ask those not in support of the Death Penalty, who should pay for the life long prison cost? Eye for an eye, I believe is the right method.

  • rollyn

    I would be apt to say the 700 inmates awaiting death in California exacted very cruel and unusual punishments on their victims for you know death row is for murderers not those who steal office supplies. It makes no logical sense that the murderer continues life – not an option for their victim – eye for an eye in the case of murder

    • http://webpronews danny

      calif. need to change this law like now like all the rest that have the death penalty ,there would been 700 less murders in calif. right away , if i had the say so , who cares if iy’s not done right the pigs should suffer , As there victim did , and didnt have a choice , sick Ba s t ar ds , lay them dowm and shoot the needle to them as they well deserve , and be on there Merry way to He ll !! Calif. death rule sucks and need to change right away !!!!

  • http://webpro bazoke

    What we continue to witness is these liberal losers continue to vote against the will of the people. We voted it in twice and have had it overturned by some liberal loser(Rose Bird ring a bell)and the SF courts. These are a pathetic bunch of sevenats that need to get to hell out of their respective jobs and let the will of the people prevail for once…. Knock off this cruelty bull shit also. Maybe if their kid was Poly Klass or Stacy Petterson they might have a little tougher time looking in the mirror…..

    • ? Chatham

      It’s not an issue of liberals… Some people just believe there is a God and he actually wrote on a tablet. Thou Shall not Kill. You and me and the person killing an inmate are Thou.

      • SBSteelers

        The 10 Commandments does not say – Thou Shalt Not Kill. It does say – Thou Shalt Not MURDER

        • http://Yahoo Jasper

          On all Death Certificates of those executed the cause of death, as entered by the Medical Examiner, is listed as “Homicide.” That is a fact. Now, exactly what difference do you find between the word “Homicide” and that of “Murder?”

      • Rick Stein

        Sorry, not quite true; the actual translation from the Hebrew ( old testament ) is: Thou shalt not murder.
        A lot of Christians think that you value life if you spare the murderer, when actually what they are doing is De- valuing the victims life.

    • james nelson

      Liberal losers? WTF is wrong with you? I am a liberal and I don’t want to see the death penalty overturned….Why don’t you leave this political BS out of your comment? You don’t know what I’m thinking or what I want to see. And learn how to spell.

  • http://webpronews debra

    what happen to the good old hanging

    • ? Chatham

      My guess, people realized that Mothers had to watch there children hung. No parent deserves that.

      • laughing Out Loud

        Sure there are. The mothers who didn’t raise their kids properly that turned them into killers & other dredges of society.

  • Kevin

    Only in California can a person be paid to not work and get a raise from welfare for life for every illegitimate child they make! Now to make matters worse they are saying that the life of a person who takes it upon themselves to kill another person or persons no mater what the circumstances is more valuable than their victims. What this ruling is saying is that I can go out in California and kill as many innocent people as I want in whatever manner I choose and even if I get caught I will not have to worry about suffering the same fate as my victims because the state is too concerned about me feeling even the slightest bit of pain. If you work to earn a living in this state and pay taxes your life is worth less than criminals. California is becoming a safe haven from murders and all criminals alike. If you get caught for the most heinous crime imaginable at worst you will spend the rest of your life in a cheap motel with three free meals, clothing, and free health care. To all existing and potential criminals in Arizona & Texas who are actually afraid of committing murder because they will suffer the same fate as their victims California welcomes you and will protect you. I really hate to say this but I am sure if this judge lost a loved one to a murder like Charles Manson his/her opinion might change.

    • S Franks

      Hey Kevin, are you interested in running for Governor of California? I would certainly vote for YOU!

      • Kevin

        I would love to be Governor of California and clean the house of all the people like Jerry Brown and Boxer who are there to say and pass any bill or law to keep them in offcie and collect easy money, free top notch health care, and a fat pension. The problem is once I clean house of all of these types the only people left to run the state would be me. Truth be told I wouldn’t mind paying the hihgest state tax of any other state in this country if my taxes were being used to benefit society as a whole wiht things such as roads, parks, education, and law enforcement. Instead our tax dolars are exploited and used to keep people on death row for life at a cost of approxiamtely 70K a year and although Ca already has one of the largest edicaiton budgets of any state it has one of the lowest test scores. I lve this state and the people but I hate, I hate the people running it. If I only had 3 wishes I would use one to transfer the entire cabinet that runs either Texas or Arizona to California.

        • bamboe

          You are proof of those low test scores. We need better edication.

    • antonio avila


    • bill

      oh I just love calisornia..there is so mutch free stuff why work..just let them dirtbags rot

    • bamboe

      Arizona leads the nation in death by gun rate and Texas has a higher murder rate than California.

      California has only executed 13 people in the last 37 years. Durning that same time, Texas executed 496, most of whom were actually guilty.

  • Steve

    Utah was the last state to use the firing squad to execute prisoners. The prisoner got to choose hanging or the squad. Both are effective, quick and painless if done correctly. Too much ink and thinking about this stuff….KISS principle should apply.

  • Justice

    According to a LA Times report, the decision that, “California did not properly meet public disclosure requirements for revised lethal injection procedures.” Also, if lethal injection is not performed properly can lead to, “cruel and unusual punishment.”

    WAKE UP voters and citizens of CALIFORNIA and ask yourself: Who is responsible for this TRAVESTY of JUSTICE?

    We should ask the family and friends of murder victims how they feel about this decision.

    I am a friend of a beautiful girl who was murdered in 1980 by the monster, Douglas Clark. He was sentenced to death in 1983 and has not had the opportunity of experiencing cruel and unusual punishment. There are few days that go by that I don’t think about my friend. Imagine the grief her family must feel. Douglas Clark assumedly never asked my friend if she considered what he was doing to her as “cruel and unusual punishment.” Douglas Clark has stated that he, “doesn’t deserve to die.” Did the girls and women he murdered deserve to die? I’m sure he is celebrating his victory compliments of California appeals court. What will be next: a murder retirement plan for Douglas compliments of California?

    The tide has definitely shifted today. Upheld laws are now in favor of those who commit crimes and not in favor of protecting the victims. A voice is only silenced until violence/murder happens to your family member or your friend. Continue to keep mum and this will be only the beginning of the negative judicial tide in California.

    If California doesn’t have the guts or competence to execute condemned inmates then at least have enough fortitude to abolish a law you have no intention of upholding!

    • Kevin

      I feel the same way. The only thing that helps is that I know that no person no where escapes justice from God!! No one! All judges are such hyporcytes as they can’t deny thta if their loved one was a victim of Douglas Carlk they would not prevent executions for murders. Just know that for everyday Douglas is alive on earht is anohter day or preparation for his final place in Hell.

  • M. Claydon

    The judges don’t live in my neighborhood, if a criminal escapes he won’t escape into his neighborhood. The judge is bending rules to fit his world, not my world. He lives in a safe place, most of the rest of us don’t. All 3 branches of the government are building a country that fits the rich, the giant businesses. The unemployment among the rich is low, the levels of illness is low, these are issues the government doesn’t need to address effectively because it doesn’t affect them. If the means of execution is less painful than the victims it should be OK, I’ll be safe my neighborhood will be safe.

  • Koala

    This is just a continued coddling of prisoners……..cruel and unusual punishment???????? Please they didn’t think too much about the inflicting cruel and unusual punishment on their victims………these court rulings are a joke! With that being said…..if they have a one drug method to make it easier and faster and not so “cruel and unusual” then get it done! 700 inmates on death row in this state is ridiculous! If they didn’t continue to spend all that money on this crap they might have been able to afford to have the new bay bridge built in this country instead of China!

  • Dago

    Maybe they ought to lock the judges up along with the murderers on death row for a few days and see if they still feel the same way.

  • Sam

    Take a old out of service cruise ship….weld all openings but the smallest of port holes shut……put all 700 death row inmates on it and seal the last door…….tow it 15 miles out and open up the sea cocks and let it slowly sink to the bottom. Would give the inmates time to repent before they drown and are buried at the same time. And there is now an artificial reef with its own starter food supply.