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Arizona Death Chamber |
A federal appeals court panel on Tuesday issued a strong warning to Arizona officials who have continuously violated and changed their own written protocol for executing state death-row inmates.
In its ruling on Tuesday, the three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco turned down a request to delay two upcoming executions -- that of Robert Henry Moormann on Wednesday and of Robert Charles Towery eight days later on March 8.
While the judges declined to delay the executions, they wrote that Arizona has forced the court "to engage in serious constitutional questions and complicated factual issues in the waning hours before executions."
"This approach cannot continue," the panel wrote. "We are mindful of the admonition requiring us to refrain from micro-managing each individual execution, but the admonition has a breaking point."
And unless Arizona officials make permanent changes, the judges wrote that the court might have to start monitoring each individual execution in the state to make sure the law is followed.
The ruling comes after the state Department of Corrections unexpectedly changed its execution protocol last month, one of multiple unannounced changes in recent years.
Source: The Arizona Republic, Feb. 28, 2012