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San Quentin's new death chamber
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A federal appeals court in San Francisco late Monday ordered a trial judge to reconsider a
ruling that allowed for a convicted murderer and rapist to be executed this week at San Quentin State Prison.
Albert Greenwood Brown was scheduled to die at 9 p.m. Thursday for the 1980 killing of a 15-year-old Riverside girl.
But the U.S. 9th Circuit Court of Appeals said U.S. District Judge Jeremy Fogel erred by offering Brown a choice of a one-drug lethal injection or a three-drug cocktail.
"The district court's decision to provide Brown the choice of a one-drug option is not consistent with California state law and procedures. California law does not provide the condemned a choice between a three-drug protocol or a one-drug option," the ruling said.
The appeals court ordered the judge to schedule a new hearing.
The court's order came hours after Gov. Arnold Schwarzenegger ordered a
one-day delay in Brown's execution, citing a procedural complication in the state's attempt to carry out its first death sentence in nearly five years.
The governor's reprieve coincided with an announcement by the attorney general's office that further lethal-injection sentences in California would have to wait until at least next year due to a
nationwide shortage of the key drug used to render condemned prisoners unconscious.
