NORTH CAROLINA. JUDGE BLOCKS EXECUTIONS

January 25, 2007: Superior Court Judge Donald W. Stephens in Raleigh blocked two executions, creating a de facto moratorium on capital punishment in the state until it changes its lethal injection procedure.
The ruling by judge Stephens means that 11 states have now halted executions stemming from challenges to lethal injection.
A North Carolina law mandates that a doctor be present at executions — in part to make sure that the condemned person is fully anesthetized before being put to death. But professional medical associations and ethics boards nationally and in many states, including North Carolina, have strongly advised physicians not to participate in executions.
Physicians, until recently, helped monitor a patient's vital signs at the execution chamber at Central Prison in Raleigh.
Last week, however, the state medical board said that although a doctor could be present, any other participation violated its ethics policy. On Wednesday, state corrections officials attempted to get around that problem by telling Judge Stephens that the doctor would be present but would not supervise or participate in the injection of any drugs or the monitoring of the prisoner's medical condition. They said the key roles would be played by a registered nurse and an emergency medical technician.
But Stephens, a former prosecutor, ruled that the state's "current position is different" than the one it has taken in past executions. "This current procedure and protocol eliminates the physician's participation in an execution," and consequently it violates state law, the judge ruled. He said prison officials could not simply change the protocol for executions without the approval of the governor and of North Carolina‘s Council of State. The 1909 law was originally written to ensure that corrections officials didn‘t spent more than $1,000 on a new electric chair.
Stephens' ruling came one day before the state was to execute Marcus R. Robinson and 2 days after 30 North Carolina legislators asked Gov. Mike Easley to declare a death penalty moratorium until the state thoroughly reviewed its lethal injection procedure. Easley had no immediate comment.
Noelle Talley, spokeswoman for North Carolina Atty. Gen. Roy Cooper, said the state had no immediate plans to appeal the judge's decision. "Our attorneys will consult with the Department of Corrections and the governor's office to determine the appropriate steps to take," Talley said. (Sources: Los Angeles Times, Associated Press, 25/01/2007)