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.
In March, the Washington Supreme Court 
