12/18/2006 GAAS:891:06 FOR IMMEDIATE RELEASE Print Version | En Español |
Gov. Schwarzenegger Orders Administration to Amend Implementation of Lethal Injection Protocol
“I am committed to doing whatever it takes to ensure that the lethal injection process is constitutional so that the will of the people is followed and the death penalty in maintained in California,” said Governor Schwarzenegger. “My administration will take immediate action to resolve court concerns which have cast legal doubt on California’s procedure for carrying out the death penalty.”
The Governor’s order is in response to last Friday’s court-issued Memorandum of Intended Decision which identifies deficiencies in the lethal injection protocol performed by CDCR while carrying out the death penalty. The court cited inconsistent and unreliable screening of execution team members; a lack of meaningful training, supervision and oversight of the execution team; inconsistent and unreliable record-keeping; improper mixing, preparation and administration of sodium thiopental by the execution team; inadequate lighting; overcrowded conditions and a poorly designed facility.
While not directly addressing the question of constitutionality, the court acknowledged that the lethal injection protocol, when properly administered, would provide for a constitutionally adequate level of anesthesia. The court said the state’s implementation of lethal injection is broken, but it can be fixed.
In response to the court, the Governor directed his Legal Affairs Secretary to work with the CDCR Secretary over the next 30 days to:
- Establish a screening process for selection of execution team members and periodic review process for execution team members.
- Establish a comprehensive training program for all members of the execution team so all are familiar with the drugs being used, their preparation and the risks associated with the drugs.
- Develop standardized record-keeping to ensure there are complete and reliable records of each execution.
- Recommend how to improve the death penalty facility at San Quentin Prison to ensure that there is adequate equipment, lighting and space for the execution team members to perform their functions.
- Identify the best experts in other states to advise CDCR on the lethal injection protocol and its implementation.
