SAN FRANCISCO (CBS / AP) — A Marin County judge is planning to toss out California’s newly adopted lethal injection procedure.

Marin County Superior Court Judge Faye D’Opal issued a tentative ruling Thursday saying prison officials failed to properly consider alternatives to the three-drug lethal injection cocktail used to execute inmates.

D’Opal said the California Department of Corrections and Rehabilitation also failed to disclose the costs of executions and failed to explain the reason for other procedures, such as shackling death row prisoners with waist restraints during visits and checking on them every 15 minutes for five days before a scheduled execution.

State attorneys will have a chance to change the judge’s mind at a hearing Friday.

A federal judge had already put California executions on hold while considering a separate legal challenge.

(Copyright 2011 by CBS San Francisco. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

Comments (2)
  1. StevenTorrey says:

    More’s the pity. The likes of Charles Manson shouldn’t be around 40 years after his horrible crime. There’s a couple of psychos in Conn who are sentenced to death for the heinous murder of a family. The sooner they meet their death, the better. People who murder in such a cruel fashion, should not be alive forty years later.

  2. David Young says:

    I think its unfair. As a tax payer. To have to foot the bill for this most costly practice! Which I feel sets a bad example. (I mean if its OK for the state to commit murder? Must be OK for me too.)

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