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In March, the Washington Supreme Court issued an 11th hour stay in the scheduled execution of convicted murderer Cal Coburn Brown. Brown's case had been consolidated with another case before Thurston County Superior Court Judge Chris Wickham where inmates were challenging the constitutionality of Washington state's method of lethal injection. 

Today Judge Wickham affirmed the state's practice.  With this ruling, the Attorney General's Office says it will once again seek Brown's execution.

It is possible, however, that the Supreme Court will not lift the stay of execution until Judge Wickham's order comes up on appeal, giving the Supreme Court an opportunity to review the constitutionality of lethal injection. 

Click here for more information about capital punishment in Washington state.

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Apparently fearing their identities would be revealed, four individuals who administered lethal injections to death-row inmates at the Washington State Penitentiary in Walla Walla have resigned.

The resignations were precipitated by an ongoing court battle, where three inmates are challenging the constitutionality of Washington's lethal injection policy.

Convicted murderer Cal Coburn Brown was scheduled to die by lethal injection on March 13, 2009. Responding to an 11th hour appeal, the Washington State Supreme Court stayed Brown’s execution while the constitutionality of lethal injection is resolved in Brown's case and two other related matters.

According to the Seattle Times, Thurston County Superior Court Judge Chris Wickham had set April 2 as the deadline for the execution team to release records detailing the members' experience and qualifications.

The state is now without a team to administer lethal injections, although there are no scheduled executions, and the last one occurred in 2001.

The three death row inmates are challenging the state's lethal injection practices, arguing that the procedure can result in extreme pain for the condemned, and thus violates the state and federal prohibitions. Thurston County Superior Court is scheduled to hear arguments in this matter May 2009.

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On March 12 the Supreme Court issued an order staying the execution of convicted murderer Cal Coburn Brown, by a 5-4 vote. Justice James Johnson, one of the dissenting justices, has filed an opinion in support of his vote, writing that in the 18 years since Brown murdered his victim, he has been given ample opportunity for judicial review.

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The scheduled (and subsequently delayed) execution of Cal Coburn Brown has renewed discussion about capital punishment in Washington state. State law (Chapter 10.95 RCW) governs capital punishment, and the death sentence is only imposed for convictions of aggravated first degree murder. The state utilizes two methods of capital punishment: lethal injection and hanging. Lethal injection is used unless the inmate chooses death by hanging. Since 1904, 77 men have been executed in Washington, with the most recent in 2001.

Cal Coburn Brown was convicted for the 1991 murder of 22-year-old Holly Washa. Brown was scheduled to die by lethal injection on March 13, 2009. On March 11, Thurston County Superior Court Judge Chris Wickham denied Brown’s motion to stay his execution, pending the outcome of a consolidated case, in which an inmate is challenging the constitutionality of death lethal injection. On appeal, the Washington State Supreme Court stayed Brown’s execution while the constitutionality of the state’s lethal injection policy is resolved.

The Washington Constitution, Art. I, sec. 14, prohibits “cruel punishment.” The state Supreme Court has treated this phrase as generally equivalent to the federal counterpart that prohibits “cruel and unusual punishment.” Numerous Washington court decisions have held that capital punishment is not unconstitutional, State v. Yates (2007), and death by hanging does not constitute “cruel punishment.” State v. Frampton (1981).

Cal Coburn Brown, and fellow inmate Darold Ray Stenson, are challenging the state Department of Correction policy for lethal injection (pdf), arguing that the procedure can result in extreme pain for the condemned, and thus violates the state and federal prohibitions. Thurston County Superior Court is scheduled to hear argument in this matter May 2009.

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Just days after denying a petition, the Supreme Court has agreed to stay the execution of Cal Coburn Brown, scheduled for March 13, following consolidation with another case challenging the constitutionality of lethal injection. The order is signed by Justice Charles Johnson, with Alexander, Owens, Fairhurst, and James Johnson dissenting.

The Department of Corrections has information about capital punishment in Washington state.

UPDATE: The Associated Press has more details about the stay of execution.

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From the Office of the Attorney General.

FOR IMMEDIATE RELEASE
March 11, 2009

Brown files motion for review to State Supreme Court

OLYMPIA—Convicted murderer Cal Coburn Brown has filed a motion for discretionary review with the Washington State Supreme Court seeking to prevent his scheduled execution on the morning of March 13.

The Attorney General’s Office will file its response this evening. It is anticipated the Supreme Court will issue its ruling tomorrow.

The Washington State Clemency & Pardons Board will hear Brown’s request for clemency tomorrow at its regularly scheduled monthly meeting at 1 p.m.

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In two orders filed this afternoon, the Washington Supreme Court has denied petitions to stay the execution of Cal Coburn Brown, who was convicted for the 1991 murder of Holly Washa.

• Supreme Court No. 82742-7 
• Supreme Court No. 82711-7

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