Marin County Superior Court Judge Faye D’Opal might give the death penalty the axe.

Judge D’Opal issued a tentative opinion on Thursday, finding that the state prison officials did not follow proper procedure when developing the California’s new lethal injection protocol, reports the American Bar Association.

D’Opal is holding a hearing today to let prison officials make their case for why the new lethal injection procedure should remain in place.

Judge D’Opal also criticized that Department of Corrections and Rehabilitation for neglecting to disclose the costs of executions and justify its pre-execution procedures, like “shackling death row prisoners with waist restraints during visits and checking on them every 15 minutes for five days before a scheduled execution,” and for failing to properly notify California’s 720 death row inmates about the new procedure, according to KTVU.

If the tentative ruling becomes final, it could trigger a lengthy new lethal injection procedures revision. The revision that spawned the current protocol lasted more than a year. Prison officials received almost 30,000 comments on the current protocol during the process, according to the Marin Independent Journal.

Judge D’Opal is expected to make a final determination in the matter shortly.

Related Resources:

  • Marin Judge Plans to Toss Lethal Injection Procedures (San Jose Mercury News)
  • Judges to Santa Clara County Clerk’s Office: Do Your Job (FindLaw’s California Case Law blog)
  • Three-Strikes Reform in 2012? (FindLaw’s California Case Law blog)

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