. >> an appeals court telling judge jeremy fogel in san jose to rethink the offer of albert john to choicehe way he wanted to die, a one-shot or three-shot legal injection. brown convicted of raping and killing a 15-year-old in riverside county in 1980. governor schwarzenegger pushing back the execution from midnight tonight to 9 p.m. on thursday so that a number of appeals could be heard. and one was heard in marin county superior court yesterday. >> he is going to be executed according to protocol that is not probably enacted. >> brown cannot prove that you will suffer pain if he's executed under the current regulations and not demonstrated that he is likely to prevail. for this reason the application for a temporary retraining order is denied. >> so that attempt to delay the execution was denied but that continues to the supreme court. another an appeal at the federal level. what may actually stop the execution is a lack of serum, one ingredient needed for the execution, an expiration date of midnight thursday. so if they can get a delay of three more hours, mr. brown may live to see th

---hace cuatro aÑos, el mismo juez, "jeremy fogel", declaÓ una moratoria a la pena capital en californiaa inyeccÓn letal, debido a la manera en que se administra el castigo. ---aunque ese asunto todaÍa no se ha resuelto, el estado se prepara para ejecutar al reo la proxima semana.---esto, debido a que el procurador estatal, "jerry brown" presenÓ solicitudes en varios tribunales para que se reanuden las ejecuciones, argumentando que se ha cambiado la manera en la que se administra la inyeccÓn letal. ---la policia de vallejo arresto anoche a un hombre acusado de matar a su ex-novia. ---"claudia rodas" tiene detalles del horrendo crimen. --enseguida en noticias univision 14...--hay malas noticias para los fumadores en san francisco... los supervisores dieron un nuevo paso que complicara la vida de quienes tienen este peligroso habito. ---comprar tabaco en san francisco podria ser mas dificil.---con siete votos a favor y tres en contra, la junta de supervisores aprobo una medida que expandiria la ordenanza actual, que se aprobo en 2008 y prohibe que se vendan productos derivados del tabaco e

district judge jeremy fogel reversed his own decision from last week. that previous decision that the execution could go forward as long as death row inmate and convicted killer and rapist albert brown had a choice of execution, either one shot or three. they said the one-shot method is not authorized in california. and the procals he objected to in 2006 may still be flawed. >> they say that what's called the consciousness review where somebody actually looks at the inmate to determine whether in fact he's become unconscious is inadequate. >> albert brown was convicted in 1982 for raping and murdering 15-year-old riverside county teenager susan jordan. a supply of pentothal that has an expiration date of friday, that's why his execution has to occur on thursday if it's going to happen before next year. that's when is a new supply of the drug would be available. judge fogel says his review could take months. the attorney general's office is expected to file today to try to get the execution in possibly at its previously scheduled time, 9 p.m. tomorrow ni

late last night a federal appeals court said judge jeremy fogel made a mistake by offering the inmate a one-drug legal injection or a three-drug cocktail. now, the court said offering a choice is not consistent with california law. >>> and later today, we will get a better snapshot in the race for california governor. it is the first debate between democrat jerry brown and republican meg whitman. they will square off in oakland with two more debates in the future. a recent poll shows brown with a slight lead over whitman, but it's within the margin of error. >>> also two earthquakes on the hayward fault shook the east bay last night. did you feel it? both quakes had a magnitude of 2.0. the first struck just before 6:00 p.m. the second quake centered near hayward struck a few hours later. >>> all right. a lot of questions but no answers after two men armed with rifles stroll into a bay area airport. surveillance video shows the men actually walking into the terminals at mineta san jose international airport saturday. they were from lawrence livermore labs and they came to pick up a col

district court judge jeremy fogel.he ninth circuit court of appeals ordered focal to reconsider his decision and determine whether sanctions nearly full injection regulations prevent " an unnecessary risk of all constitutional pain. late this afternoon attorneys for both sides submitted arguments on that issue to judge fogel. attorney general jerry brown argued the new procedure it meets constitutional standards because it " requires confirmation that the inmate is on unconscious before the injection of the other two drugs. he concludes that because the inmate has " failed to show the new procedure creates a demonstrated risk of severe pain, his motion for a stay of execution must be denied. attorneys for death row inmate brown press for a delay san the new procedures do not measure up. among the concerns they say they no longer include a provision for checking the expiration date on drugs. they say they no longer have doctors are trained medical personnel serving in made a recording respiration observation. they also

judge jeremy fogel did give brown to choose between a single thee that injection or a three tail cocktail. he says he doesn't know the difference. he is supposed to make his case before monday in a separate legal challenge. >>> it is a fastest growing drug problem in the nation. today a national approach to keep prescription drugs out of the hands of kids. across the country the dea set up collection point where is people can turn in unearned drugs. >> he went to sleep and just never woke up. >> reporter: april is one of many who has lost a child to prescription drugs. >> they need to be treated as loaded weapons. they are. >> reporter: the dea agrees. much like the popular gun back program. they are featuring this take back program across the country. a relief for many like candice fitzgearld in oakland that has been trying for some time to dispose of the bags full of drugs. >> how do you get rid of them? they told me to grind them up and mix them up with kitty litter and put them in the trash. doesn't seem like a great option. >> reporter: it may not be a great one, experts say grinding

district court judge jeremy fogel.er refusing to block the execution the court of appeals ordered full gulf to reconsider its decision to determine whether san quickens new lethal injection regulations prevent " an unnecessary risk of lung constitutional pain " carried off like this afternoon attorneys for both sides submitted arguments on that issue to judge fogel. if attorney general jerry brown argued the new preserve jolt meets constitutional standards because it " requires confirmation with the inmate is on call just before the injection of the heather to drugs ". he concludes because the inmate has " failed to show the new procedure creates a demonstrated risk of severe pain, his motion for a stay of execution must be denied " ". in this 23 page brief filed in behalf of the emit and eight attorneys say they take issue with the new procedures on all our concerns they say they no longer include a provision for checking the expiration date on drugs. they say they no longer have doctors are trained medical personnel

>> the big news today is judge jeremy fogel in san jose issued this order telling attorneys for bothes to file briefs by 2:30 this afternoon in this case. and he is especially looking at two issues. joining me now legal analyst dean johnson to talk about exactly what judge fogel is asking for by 2:30 this afternoon. what's he wanna know? >> what he wants to know is first of all has the department of corrections and its new regulations solved all of the problems that led in 2006 to the delay of michael morales' execution. the next say little issue which is the supreme court has issued an on point case called base versus reis as recently as 2008. he wants to know if the legal standards for examining those regulations has changed significantly. >> you are saying it looks to you that there's going to be a stay of execution? >> yeah. i think the message throughout this litigation, ever since the death warrant was issued, has been what's the rush? and it appears according to the 9th circuit that it's been the attorney general who has been pushing for an execution possibly to avoid the expi

>> the big news today is judge jeremy fogel in san jose issued this order telling attorneys for bothides to file briefs by 2:30 this afternoon in this case. and he is especially looking at two issues. joining me now legal analyst dean johnson to talk about exactly what judge fogel is asking for by 2:30 this afternoon. what's he wanna know? >> what he wants to know is first of all has the department of corrections and its new regulations solved all of the problems that led in 2006 to the delay of michael morales' execution. the next say little issue which is the supreme court has issued an on point case called base versus reis as recently as 2008. he wants to know if the legal standards for examining those regulations has changed significantly. >> you are saying it looks to you that there's going to be a stay of execution? >> yeah. i think the message throughout this litigation, ever since the death warrant was issued, has been what's the rush? and it appears according to the 9th circuit that it's been the attorney general who has been pushing for an execution possibly to avoid the ex

district judge jeremy fogel to reconsider his decision.e wants to review the state's new lethal injection procedure. the state has invited fogel to visit the san quentin death chamber to clear up questions he might have about new procedures. >> an 8th person has died as a result of that natural gas pipeline explosion in san bruno. 58-year-old james franco was critically burned. he was taken off life support sunday. he rented a room downfrom where the pipeline exploded. his friends of 44 years is making the funeral arrangements. >> it's pretty dramatic when people disappear that rapidly. you're never prepared for that. >> franco grew up in pacifica and loved to surf. friends say he was loyal and generous. the home he lived in is slated to be demolished this week. >> the antioch city council voted 4-1 to allow the expansion of its wal-mart store without a review. they had concern about traffic, unfair competition and crime that might come with a 125,000 square foot superstore. they have undergone lengthy review process. the council denied th

judge jeremy fogel said the state was trying to hurry the execution along before the courts reviewed new procedures put in place after a court order. one santa clara university law professor agrees the case needs to be carefully reviewed. >> at some point we need to step back and say we are examining how the state is going to kill another human being. and when we're doing that, we should want -- the people in the state should want the government to do that in a way that's appropriate, that's constitutional. >> governor arnold schwarzenegger, who delayed the execution himself on monday, says he will ask a federal appeals court to lift the stay and allow the execution to go forward. >>> this morning a search is on for a second possible suspect in a shooting outside highland hospital in oakland. a 22-year-old man was shot and is in critical condition at that hospital. police have not released the man's identity or a motive in the shooting. officers have one suspect in custody. >>> good morning, folks. let's take you to the east shore. there's a light volume of traffic. that still means

. >> reporter: federal judge jeremy fogel has given convicted murderer albert greenwood a choice of how he wants to die. they said, though, they should give brown another choice: life. >> we're asking why now? why the rush to execute now? the attorney general and rushing this process and creating legal chaos. there is an enormous amount of questions and in securities that vn been answered. >> brown was sentenced in 1992 for raping susan jordan in california. he will be the first inmate executed in almost five years. judge fogel had halted all executions in 2006 to take a closer look at the three-drug lethal injection process and see if inmates were suffering extreme pain during executions. >> here the stakes are too high and there are too many uncertainties for this to continue. the court needs to stop the proceedings so we can have a careful review of all the problems and public concerns over lethal injection. >> brown will also be the first inmate to be executed in california's new lethal injection chamber which has been changed to meet new requirements. those are better equipment, li

it comes after jeremy fogel cleared the way for the execution, scheduled for wednesday. >> the death penalty is here in california. the attorney general has the right to pursue it. the only question is shouldn't we pursue it carefully and through the courts to make sure we're doing it right? >> reporter: in 2006, judge fogel ordered prison officials to overhaul its lethal injection cocktail amid concerns it amounted to cruel and unusual punishment for inmates. since then the death row chamber at san quinten has been rebuilt and the state adopted new regulations. but those regulations haven't been reviewed by a judge. >> i think it's of grave concern that a judge is that familiar with this issue isn't willing to say let's just take a deep breath for a minute and take a look at it this rush to execution makes no sense considering the enormity and the irreversability of what we do. >> reporter: 56-year-old brown son death row for the 1980 rape and murder of a 15-year-old riverside girl. judge fogel's ruling allows the execution to go forward on the condition that brown be allowed to mak

in 2006, judge jeremy fogel halted executions saying the state's lethal injection method caused great physical pain but in his ruling today the judge says brown can now choose a one drug lethal injection instead of the three drug cocktail. the judge says the one drug is less risky. brown still has two legal appeals that could halt next week's execution. >>> the man accused of kidnapping jaycee dugard and holding her hostage may never stand trial. today a judge suspended the criminal trial of phillip garrido. he says he has concerns about garrido's method competency. that means he may never stand trial for 28 counts of kidnapping, rape and false imprisonment. the judge has not even seen the psychological reports on garrido. instead, he says he based his decision on talks with garrido's lawyer and his own observations. >> when somebody wants to either go to trial for crazy reasons or wants to not go to trial for crazy reasons, that person is not competent. >> criminal proceedings against garrido's wife may still continue. the couple is accused of keeping dugard and her two daughters cap

judge jeremy fogel said he didn't have enough time to weigh the constitutional issue surrounding thease. this comes after federal appeals court last tonight told the judge to reconsider whet to grant a stay of execution. the panel expressed concern about the state new execution procedure. as well as the time table for executing brown. the state existing supply of the first drug used in execution expires on friday. higher court doesn't reverse the decision by mid nature friday the state will be unable to execute brown for several months. >> real mystery in the east bay. someone dumped a dead bear in san leandro. the 300 pound animal major thorough fare and amy is in san leandro live tonight. this has to be a first. >>reporter: this is definitely my first dead bear in a strip mall story. this is so bizarre. found writ here in front of this liquor store. it was 6:30 at night. it was open. check it out. very busy strip mall. also a deli here. there's a taco restaurant. they were all open. it makes the strange story even more unbelievable. here are picture people took of the bear. it was

judge jeremy fogel gave brown a choice between a one-drug lethal injection other three- drug or three-drugl saying it placed an undue burden on brown who refused to choose a method of death. plus there is a shortage of the drugs. brown was sentenced to the 1980 rape and murder of a 15-year- old riverside girl. >>> the battle to replace governor schwarzenegger will take center stage at uc-davis this evening. the two top candidates lock horns in person for the first time. the debate will feature democrat jerry brown the state attorney general and former two- term governor against republican meg whitman, former chief of san jose-based ebay. whitman has never run for office before. cbs 5 political analyst james taylor says that means she has no political track record to defend. that's something brown, who is also a former oakland mayor, must deal with. >> he will do for california what he has done for oakland which in most people's mind is a serious image issue that brown has to overcome. >> taylor says brown needs to turn his political experience into a positive. he adds that whitman should e

brown would have been california's first execution in almost five years but judge jeremy fogel suspendedcution until he finishes reviewing a lawsuit against california's lethal injection procedure. concerns that it is cruel and unusual punishment causing an inmate undue pain. this argument and this judge stopped executions here in california back in 2006. since then, the death chamber has gotten a makeover and the state offered brown an alternative to the controversial three-drug cocktail. a one-drug version. brown refused, thought, to decide which one he wanted. the stay of execution is being appealed to the state appeals court as well as the u.s. supreme court it could eventually end up being decided there. time is running out because the state supply of one of the three drugs is set to expire midnight on friday morning so if he is not put to death at that point which looks unlikely right now it's going to be at least until next year until they can get restocked on that supply of drugs. >> juliette? >> anne makovec, thank you. >>> scientists have discovered mosquitos in antioch and a d

>> a judge told another federal judge jeremy fogel to rethink his decision to offer albert brown a choice how he was going to die, a one-shot or three-shot injection. that placed an undo burden on the convicted rapist and killer. judge fogel could reconsider as early as today and he needs to do it soon because time is critical here. one of the drugs needed to execute brown has an expiration date of midnight thursday. and its makers says it's not going to be having anymore of that drug available until sometime early next year. the execution was 9 p.m. thursday, was pushed back to hear appeals. one of those appeals before the state supreme court, another before the 9th circuit court of appeals. >> this is litigation in the very last minute. you have a team of lawyers trying to save their client's life and they're looking for any argument that they can to believe raise. >> a marin county judge turned down a request for temporary retraining order yesterday. there has not been an execution in california in four years ever since the aforementioned judge fogel said the state needed a rehabbed de

they are enlisting judge jeremy fogel.e will submit by today whether or not the lethal injection can be administered as a single dose instead of a triple shot. >>> a police chase spanning from the north bay to the east bay. this is where it ended at roosevelt street and harbor way in richmond but began when vallejo police chased a stolen car at speeds above 100 mph. the car eventually crashed into a parked truck near roosevelt street. this truck caught fire and the flames with apartments on six floors. firefighters put the fire out quickly and determined the building was damaged but still safe enough for residents to return. the driver of the car is hospitalized with moderate injuries. police say he faces numerous charges. a female passenger was also detained. >> richmond is the latest bay area city to regulate marijuana dispensaries. the city council approved a measure last night that limits the city to just three medical marijuana dispensaries. patients will be limited to purchasing one ounce per day. the police chief wi

federal judge jeremy fogel and san jose had blocked executions in 2006 because the state's legal injection method caused great physical pain. state lawyers say the new death chamber better staff training and new lethal injection regulations have addressed that. >>> carly fiorina's first general election tv ad is out. she is taking aim at barbara boxer using video that's made the rounds on youtube. >> you know, do me a faye, you could say senator instead of ma'am? it's just a thing of the i worked so hard to get that title. i'd appreciate it. yes, thank you. >> 28 years in washington, and barbara boxer works hard for a title? i'll really go to work to end the arrogance in washington. >> senator boxers said she called the brigadier genwal, of the army corps of engineers to apologize but he said it wasn't necessary. >>> time 6:13. oh, the benefits, the text message these days. the new program just launched at two bay area hospitals and it's a first in northern california. >> our forecast foretoday, warmer weather in store for this -- our forecast for today, warmer weather in store for this su

federal judge jeremy fogel and san jose had blocked executions in 2006 because the state's legal injection method caused great physical pain. state lawyers say the new death chamber better staff training and new lethal injection regulations have addressed that. >>> 5:07. let's check your commute. gianna, how's it looking in vallejo? that was where that big rig accident was, right? >> yeah, overturned big rig. i just got word. we watched caltrans leave the scene. this is video shot moments ago. they are clearing it. it's an overturned big rig that happened a few hours ago. right now the columbus parkway off-ramp is shut down from westbound 80 as well as the eastbound 37 ramp to columbus parkway but again, i just got word that they may have completely cleared this out of the way or are in the process of. hopefully we'll have an update. we have a live reporter at the scene. westbound 80 to redwood and east 80 to columbus to get around it. right now bay bridge toll plaza, friday light through that portion. metering lights are still off. that's a look at your traffic. here's tracy with your for

district court jeremy fogel to allow the execution of albert greenwood brown. the judge has ordered the state to submit evidence by today showing the lethal injection procedure can be administered as a single dose rather than the previous three-drug regimen. the debate to resume executions is becoming a political hot topic as well. attorney general jerry brown wants to reinstate the death penalty even though he personally oppose it had when he was governor. in a statement released yesterday, he said as governor he pledged to uphold the law, as attorney general he pledged to uphold the law and he will continue to do so when he is governor next year. republican candidate meg whitman released a statement blasting his statement saying even on matters of life and death jerry brown is willing to play politics. none of this squares with his record and must have supporters scratching their heads. >> richmond the latest city to regulate marijuana dispensaries. the city council approved a measure that limits the city to three medical marijuana dispensaries. patients will

. >> reporter: in fact, federal judge jeremy fogel gave albert greenwood brown until 6:00 tomorrow to, as you mentioned, decide how he will die. the judge ruled that the convicted rapist and murderer of a 15-year-old girl from southern california in 1980 has two options, a single shot of lethal chemicals or a triple cocktail of chemicals. it's an offer that's baffling to legal scholars. and that is because the triple cocktail is nothing new. this is the method the state was using before lethal injections were challenge. the cocktail knocks out the prisoner, the second stops breathing, the third stops the heart. but the single shot is the overdose 25 times the drug given to knock outpatients before surgery. >> there are some reasons to argue that the one drug method actually might be more humane. and that is sort of what this is about. if brown decides to go for the one drug execution, the state under this ruling is going to be obliged to comply in which case there is no stay of execution and this is just going forward the way it is schedule. if however brown goes for the single drug m

albert brown was quick to be put to death tomorrow night jeremy fogel suspended the execution until yours of policies. he cannot do that in time so he will put a stay of execution. the state knew but never disclosed to the court that its last few doses of sodium thiopental expire friday. a nationwide shortage means it cannot get more of it until their early next year. governors schwarzenegger will appeal. decisions 2010 news the first debate between the candidates for governor took place last month.last night. jerry brown ag whitman squared off. they traded blows on immigration education and the effectiveness of arnold schwarzenegger. the debate focused on the stances on how to fix this day at economic. >> i was scared by example i will cut 15-20% out of the governor's office and i will say to the legislature is to return next i would like to see used get 15-20% i know they can. then the agencies and go from there i have done a budget's most of them were on time. nothing like this mess i know how to do what i have the willpower i have the independence i know a lot of things like the ener

. >> reporter: the same judge, judge jeremy fogel, was the one who halted executions in california in 2006. it claimed procedures for the three drug cocktail aimed at killing the condemned was not clear, and the death chamber was too dimly lit to monitor the procedure. but the judge is now allowing the executions to proceed because of a supreme court ruling in 2008 which upheld lethal injections in the state of kentucky and because ohio and washington state have been using 1-drug executions for the past year with no reported problems. that even as fogel presides over a lawsuit challenging the same procedure. brown has filed an appeal with the ninth circuit court. what they plan to do if all stays of execution fail. craig devro, san quentin, ktvu news. >>> we'll continue to follow this story during the next two hours of mornings on two. you can get updates any time by going to our channel 2 web site and clicking on the death row tab near the top of the page. >> time now 7:04. well new this morning pg&e has reported democrats line leaks at a rate a lot higher than the other pipeline ope