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Appeals seek to alter death penalty
Sacramento Bee ^ | 1/24/6 | Claire Cooper

Posted on 01/24/2006 3:25:24 PM PST by SmithL

SAN FRANCISCO - Like so many other administrative complaints made by California prisoners, the one filed by Michael Angelo Morales this month is squeezed onto a one-page prison form.

But Morales' message sounds an unusual note of urgency: "My execution by lethal injection is imminent and will be a cruel and unusual form of punishment."

Morales has a Feb. 21 date in the death chamber for the rape and murder of a teenage girl in Lodi. In a neat script he explains his "grave concerns."

He fears that pancuronium bromide, the second of three drugs administered in executions by California and 26 other states - yet banned by the American Veterinary Medical Association in euthanizing animals - will leave him conscious of torturous pain but paralyzed and unable to cry out.

The issue has potential for postponing Morales' death and altering California executions. State lawyers have been directed to explain why they consider the paralyzing drug necessary in a federal court hearing Thursday in San Jose.

The lawyers, citing an opinion by Dr. Mark Dershwitz, contend in a brief filed Monday that "over 99.999999999999 percent of the population would be unconscious within 60 seconds" of receiving the first of three drugs, a five-gram dose of the sedative sodium pentothal, administered before the pancuronium bromide.

According to the prosecution brief, the lawyers also will challenge whether it's the court's function to suggest a "more humane or medically acceptable execution protocol."

(Excerpt) Read more at sacbee.com ...


TOPICS: Crime/Corruption; Culture/Society; Extended News; Government; News/Current Events; US: California
KEYWORDS: deathpenalty; frivolousappeal; michaelmorales; tookie
Coward.
1 posted on 01/24/2006 3:25:25 PM PST by SmithL
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To: SmithL

Fine then! Replace the pancuronium bromide with Drano.


2 posted on 01/24/2006 3:25:57 PM PST by SmithL (Sarchasm: The gulf between the author of sarcastic wit and the person who doesn't get it.)
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To: SmithL

On the contrary. Do away with the needle and bring back the rope.


3 posted on 01/24/2006 3:26:55 PM PST by Lancer_N3502A
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To: SmithL

GRAVE concerns indeed


4 posted on 01/24/2006 3:27:58 PM PST by SF Republican
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To: SmithL
Replace all the solutions with a hangman's noose.
5 posted on 01/24/2006 3:28:38 PM PST by jazusamo (A Progressive is only a Socialist in a transparent disguise.)
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To: SmithL

Firing squad, please.


6 posted on 01/24/2006 3:29:08 PM PST by Tax-chick (Hoping to have a baby TODAY.)
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To: SmithL
"My execution by lethal injection is imminent..."

Then STFU and take your medicine like a man!

7 posted on 01/24/2006 3:30:09 PM PST by rickmichaels
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To: SmithL

I guess anything faster than dying of old age is unacceptable to these people.


8 posted on 01/24/2006 3:30:10 PM PST by Clump
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To: SmithL

He's a wuss. But aren't most of these "tough guys" when crunch time arrives? I'll bet the girl he raped and murdered had "grave concerns" about what he was doing.


9 posted on 01/24/2006 3:31:05 PM PST by Felis_irritable
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To: SmithL

If the problem is with lethal injection, why did he choose it? He could have opted for the gas chamber. I believe they get a choice.


10 posted on 01/24/2006 3:31:08 PM PST by IllumiNaughtyByNature (There is an Amber Alert out for my tagline. If you find it, FReepmail me.)
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To: SmithL
He fears that pancuronium bromide, the second of three drugs administered in executions by California and 26 other states - yet banned by the American Veterinary Medical Association in euthanizing animals - will leave him conscious of torturous pain but paralyzed and unable to cry out.

Bummer.

Can't do the time, don't do the crime.

11 posted on 01/24/2006 3:32:15 PM PST by Jim Noble (And you know what I'm talkin' 'bout)
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To: SmithL
over 99.999999999999 percent of the population would be unconscious within 60 seconds"

so 1 in 99 TRILLION! people would feet it? Something tells me the 9th circus is going to eat this cr@p hook, line and sinker.

12 posted on 01/24/2006 3:33:37 PM PST by IllumiNaughtyByNature (There is an Amber Alert out for my tagline. If you find it, FReepmail me.)
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To: SmithL

I wish the whole 'cruel and unusual punishment' argument could be thrown out. The more cruel and unusual, the more of a deterrent it would be. Did this scum grant his victim the same, doubt it.


13 posted on 01/24/2006 3:34:43 PM PST by Godzilla (An armed man is a citizen. An unarmed man is a subject.)
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To: K4Harty

Nothing unusual about it, as has happened in the last few weeks, lethal injection is how death row convicts are executed - ask Tookie.


14 posted on 01/24/2006 3:35:35 PM PST by JMS
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To: SmithL

Okey dokey, then how about an eye for an eye. Let him die just like his victim did.


15 posted on 01/24/2006 3:36:07 PM PST by mtbopfuyn (Legality does not dictate morality... Lavin)
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To: SmithL

"Appeals seek to alter death penalty"

Perhaps they'd settle for a "serious injury" penalty.


16 posted on 01/24/2006 3:36:08 PM PST by Buck W. (Yesterday's Intelligentsia are today's Irrelevantsia.)
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To: SmithL
I offer to behead him. Death is instaneous and he can't even feel it. Where does the murderer of a little get off saying being put to sleep is too cruel for him? I think of how that poor, dear child suffered. His suffering pales in comparison to hers. Time to reach for the needle and get a Final Exit for this scumbag.

(Denny Crane: "I Don't Want To Socialize With A Pinko Liberal Democrat Commie. Say What You Like About Republicans. We Stick To Our Convictions. Even When We Know We're Dead Wrong.")

17 posted on 01/24/2006 3:37:53 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: SmithL

Bullet to the brain would be fine. Guillotine even better.


18 posted on 01/24/2006 3:38:03 PM PST by doug from upland (NEW YORK TIMES -- traitorous b*st*rds)
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To: JMS

I think they actually get a choice. I remember seeing that somewhere. I'll have to google it.


19 posted on 01/24/2006 3:38:41 PM PST by IllumiNaughtyByNature (There is an Amber Alert out for my tagline. If you find it, FReepmail me.)
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To: JMS
Found it.

California Provides that lethal injection be administered unless the inmate requests lethal gas.

20 posted on 01/24/2006 3:40:40 PM PST by IllumiNaughtyByNature (There is an Amber Alert out for my tagline. If you find it, FReepmail me.)
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To: SmithL

http://72.14.203.104/search?q=cache:7ed5djsKxrwJ:www.recordnet.com/apps/pbcs.dll/article%3FAID%3D/20060111/OPED01/601110311+Michael+Angelo+Morales+lodi+murder+rape&hl=en&start=8


Published Wednesday, Jan 11, 2006

A chieving justice has been agonizingly slow for the family of Terri Lynn Winchell. Stockton's Michael Angelo Morales has been in life-or-death limbo for too long.


If full punishment is delayed for 25 years after a crime is committed and 23 years after a jury has delivered its verdict, it's time to revisit jurisprudence in America.

On the night of Jan. 8, 1981, Winchell, a Tokay High School senior, was brutally murdered, and her body was dumped in a vineyard off Peltier Road, north of Lodi.

Five days later, 1,000 people attended her funeral.

Two men were arrested. Ricky Ortega, who cooperated with the police, is spending the rest of his life in prison for setting up the slaying.

Morales, who actually carried out the cruel homicide, was sentenced to death April 25, 1983, by a Ventura County jury that convicted him of rape, conspiracy and murder with the special circumstances of torture and lying in wait.

Since then, Morales' case has been moving from the state Supreme Court to various appellate courts. It's been sent to the U.S. Supreme Court twice.

Now 45, he's on death row at San Quentin State Prison.

Finally, Morales been given a Feb. 21 execution date.

Whether you support the death penalty or not, a quarter-century is simply too long for a case such as this to be resolved.

It hasn't been fair to Morales or to Winchell's shattered family.

Convicted killers can be allowed fairness and every judicial consideration without it taking his long.

Where's the justice? Where's the closure? If the death penalty is a deterrent, it needs to loom more ominously over those who would commit such brutal and senseless crimes. Retribution needs to be administered before we forget why it's deserved.

Otherwise, we might as well forget the death penalty.


21 posted on 01/24/2006 3:43:01 PM PST by doug from upland (NEW YORK TIMES -- traitorous b*st*rds)
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To: K4Harty
If the problem is with lethal injection, why did he choose it? He could have opted for the gas chamber. I believe they get a choice.

I think you're wrong. I believe those sentenced when gas was the official method get to choose, but those sentenced since injection became the official method cannot.

22 posted on 01/24/2006 3:47:31 PM PST by Still Thinking (Disregard the law of unintended consequences at your own risk.)
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To: SmithL

Shut up, Morales, and die like a man!


23 posted on 01/24/2006 3:53:26 PM PST by Taxman (So that the beautiful pressure does not diminish!)
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To: K4Harty

Well, in that case his grave concern would be he can't breathe!!!!


24 posted on 01/24/2006 4:00:40 PM PST by republican4ever
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To: Still Thinking

The official method in California is gas unless lethal injection is requested. Here's the link for all states.


25 posted on 01/24/2006 4:04:10 PM PST by Sam Boogliodemus
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To: Sam Boogliodemus

http://www.deathpenaltyinfo.org/article.php?scid=8&did=245

Sorry. Forgot to hit ctl V.


26 posted on 01/24/2006 4:05:50 PM PST by Sam Boogliodemus
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To: SmithL

More stalling tactics. Haven't the medical properties of the "Kevorkian Cocktail" been pretty well documented by now? How many times do courts have to rule that lethal injection is NOT "cruel and unusual"?


27 posted on 01/24/2006 4:17:52 PM PST by IronJack
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To: SmithL
He fears that pancuronium bromide, the second of three drugs administered in executions by California and 26 other states - yet banned by the American Veterinary Medical Association in euthanizing animals - will leave him conscious of torturous pain but paralyzed and unable to cry out.

Hang him.

28 posted on 01/24/2006 5:06:38 PM PST by Bubba_Leroy (What did Rather know and when did he know it?)
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To: doug from upland

the SCOTUS just stayed an execution tonight, I don't see a thread on it.


29 posted on 01/24/2006 5:08:10 PM PST by oceanview
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To: SmithL

YOU CAN'T DO THAT TO ME! IT MIGHT HURT!


30 posted on 01/24/2006 5:09:02 PM PST by arthurus (Better to fight them OVER THERE than over here.)
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To: SmithL

I think hanging is the best way. The rope is reusable. It would be even cheaper to smother the condemned man in his cell at the appointed hour.


31 posted on 01/24/2006 5:10:27 PM PST by arthurus (Better to fight them OVER THERE than over here.)
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To: Lancer_N3502A

That sounds good hang the bozo.


32 posted on 01/24/2006 5:18:22 PM PST by Unicorn (Too many wimps around.)
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To: oceanview
I just posted the Florida execution stay
33 posted on 01/24/2006 5:21:57 PM PST by doug from upland (NEW YORK TIMES -- traitorous b*st*rds)
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To: SmithL

Well, they could do like the Filipinos and use a gradually tightened garotte around the neck of the condemned, restrained in a chair.


34 posted on 01/24/2006 7:38:40 PM PST by Still Thinking (Disregard the law of unintended consequences at your own risk.)
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To: Jim Noble

Better then he treated his victims.


35 posted on 01/24/2006 7:42:08 PM PST by edcoil (Reality doesn't say much - doesn't need too)
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