San Jose judge tours San Quentin execution chamber

Fact-finding exercise examines California's lethal injection procedures

By Anna Molin, Bay City News Service

March 31, 2006

SAN QUENTIN (BCN) - A San Jose federal judge toured San Quentin State Prison today while listening to testimony from the head of the prison's execution team as part of a fact-finding exercise examining California's lethal injection procedures.

U.S. District Court Judge Jeremy Fogel on Wednesday ruled that a press pool of two media representatives would be allowed to observe the hearing as well as complete the tour. The reporters, from the San Jose Mercury News and the Sacramento Bee were forbidden to leak the identity of the leader of the execution team, which includes 13 members.

Condemned murderer Michael Morales' attorney, whose client has challenged the constitutionality of the state's lethal injection execution procedure claiming it violates his civil rights, joined Fogel and others on the tour, which also included the state Attorney General.

Morales' execution was delayed indefinitely in February after correction officials found that they couldn't abide by Fogel's rule that trained medical personnel oversee the injection procedure.

Morales has maintained that the three drugs administered conceal an inmate's pain and amounts to cruel and unusual punishment.

Today, the execution team leader showed Fogel the step-by-step procedures of the execution process, including a simulated version of an execution.

Fogel asked numerous questions but did not give away any indication of where he stands on the death penalty issue, Mercury News reporter Howard Mintz said after touring the chamber.

Fogel has scheduled a two-day hearing in May to review Morales' case.

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