SAN FRANCISCO (Reuters) - California Gov. Arnold Schwarzenegger ordered his staff on Monday to fix the state's use of lethal injection for executions so it satisfies a federal judge who declared it unconstitutional.
U.S. District Court Judge Jeremy Fogel in an opinion issued on Friday wrote that California's use of lethal injection was such a mess as to be "broken," but he said it could be fixed to withstand constitutional challenges.
"When properly administered, lethal injection results in a death that is far kinder than that suffered by the victims of capital crimes," Fogel wrote.
"At the present time, however, defendants' implementation of California's lethal-injection protocol lacks both reliability and transparency," he wrote.
Fogel wrote that in six executions the prisoners may not have been properly sedated when the dose of a lethal chemical was administered. The judge gave the state 30 days to let him know how they planned to fix the system
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