Fix executions now

EDITORIAL

Fix executions now

GOV. ARNOLD SCHWARZENEGGER made the right move with his quick response to a federal judge who suspended California executions because the state's lethal injection procedure is flawed.

The governor could have fought San Jose U.S. District Judge Jeremy Fogel's ruling in court, claiming that the state's death penalty procedure is constitutional. But Schwarzenegger took the wiser course by listening to Fogel's objections and ordering prison officials to quickly correct any problems.

The judge ruled that lethal injections administered to inmates sentenced to death could be unnecessarily painful and thus a violation of the U.S. Constitution's ban on cruel and unusual punishment.

California is not alone concerning questions about the lethal cocktail of drugs used in executions. Other states have problems and are likely to face similar rulings by federal judges.

Last week, Florida Gov. Jeb Bush suspended executions after a botched lethal injection that took far longer than anticipated to put an inmate to death.

Schwarzenegger said, "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 is maintained in California."

Despite all the challenges to the death penalty and the inordinate delays and expenses, not to mention its ineffectiveness at deterring crime, capital punishment remains highly popular in California. It is the obligation of the state government to carry out the death penalty, but it must not violate the U.S. Constitution.

Even though he suspended executions in California, Fogel did say the death penalty procedure could be fixed if the following issues are properly resolved:

• A screening process and training program are needed for the execution team. Currently, there is a lack of training and understanding of the drugs used in executions by those administering them.

• A system for maintaining detailed records of executions is needed. Fogel found there were not even records of the drugs used in some executions.

• San Quentin's death chamber, which was set up as a gas chamber, must be renovated. It is cramped and antiquated.

Most important, the drugs used in executions must be administered is such a way that the there is virtually no physical suffering. That requires the right mixture of drugs, proper timing and a well-trained team to administer them.

Fogel invited the governor to respond to issues before the judge finalizes his decision. To his credit, Schwarzenegger has acted quickly to make the reforms suggested by Fogel.

It should not be an insurmountable task to develop a procedure to administer the death penalty without violating the federal or state constitutions. But the state must move ahead expeditiously.

California is being watched closely around the country to come up with a constitutionally acceptable means of execution. We trust the state will successfully lead the way.