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Federal judge declares Calif. executions unconstitutional

Michael Morales will remain on death row for murder of Lodi teenager Terri Lynn Winchell 25 years ago

By Layla Bohm
News-Sentinel Staff Writer
Saturday, December 16, 2006 4:27 AM PST

Comments (83 comment(s))

A federal judge ruled Friday that if the convicted murderer of a Tokay High School student is executed under current state guidelines, it will violate the U.S. Constitution.

The decision does not, however, mean that Michael Morales will leave San Quentin's death row, where he has been held since being convicted of the 1981 rape and murder of 17-year-old Terri Lynn Winchell.

California's current method of lethal injection "is broken but can be fixed," U.S. District Judge Jeremy Fogel said in a 17-page written ruling.

He suggested that California authorities review the process, consult experts and compare it with other states that use lethal injection. He gave the state 30 days to decide whether to conduct such a review and, if so, how long it will take.

Andrea Lynn Hoch, legal affairs secretary for Gov. Arnold Schwarzenegger, said in a statement that the state will review the lethal injection protocol and "will continue to defend the death penalty and ensure the will of the people is represented throughout the ongoing court proceedings."

The decision is the latest in a nationwide challenge to lethal injection — the preferred execution method in 37 states — and came as Florida Gov. Jeb Bush suspended all executions there after a botched execution this week. Missouri's injection method, which is similar to California's, was declared unconstitutional last month by a federal judge.

Fogel pointed out that the U.S. Supreme Court has repeatedly upheld executions by various means, because the punishment is mentioned in the Constitution. The court has not, however, waded into the lethal injection debate.

Morales was scheduled to be executed Feb. 21 of last year after his appeals ran out and Schwarzenegger declined to commute his sentence.

Fogel had ordered anesthesiologists to monitor the execution to make sure Morales was unconscious before heart-stopping and paralyzing drugs were injected into his body. When the anesthesiologists learned that they would be responsible for halting the execution if they thought Morales might still be conscious, they backed out and the execution was canceled.

Fogel then held a four-day court hearing in September to address the execution process, effectively issuing a moratorium on California's death penalty. Rather than change the injection procedure, the state defended it.

"What our state has done instead, unlike Florida, is to thumb its nose and be petulant about whether their execution process comported with the Eighth Amendment," said David Senior, Morales' lead attorney.

The matter has come before Fogel in three separate capital cases — his court has jurisdiction over Marin County, where San Quentin is located — and Fogel sought to permanently resolve the matter.

The sole question, he wrote, was whether California's lethal injection process "provides constitutionally adequate assurance that condemned inmates will be unconscious when they are injected with pancuronium bromide and potassium chloride," the drugs that paralyze the body and stop the heart.

Civil rights groups immediately hailed Fogel's decision.

"Every day the evidence mounts that the United States is using unacceptably cruel methods to put people to death," said Jamie Fellner, a Human Rights Watch director.

However, Fogel began his ruling with a lengthy disclaimer that he was not deciding the moral debate surrounding the death penalty itself. He also said he did not want to compare lethal injection with the "horrific suffering of the young woman (Morales) raped and murdered."

Winchell was four months away from her Tokay High graduation when she disappeared Jan. 8, 1981.

Police ultimately determined that she had been killed because Morales' cousin, Ricky Ortega, was secretly involved in a sexual relationship with Winchell's boyfriend and was jealous of her. So the two lured Winchell into a car, under the pretense of buying a present for a friend, and headed north.

As Ortega drove, Morales reached from the back seat and began strangling Winchell with a belt, though she fought hard enough to break it. The car stopped in an Acampo vineyard, where Morales beat her 23 times in the head with a hammer, raped her and then stabbed her in the chest before leaving her to die.

Ortega, who led authorities to her body, was sentenced to life in prison without parole. Morales, who has since expressed remorse, was sentenced to death in 1983.

Fogel argued that those who face execution will die with more peace than their victims.

"Needless to say, when properly administered, lethal injection results in a death that is far kinder than that suffered by the victims of capital crimes," Fogel said in his ruling.

However, he said, the current lethal injection procedure "lacks both reliability and transparency."

He cited several deficiencies in the state's current procedure:

• Inconsistent screening of execution team members, including the fact that the team leader had been diagnosed with post-traumatic stress disorder and another team member had been disciplined for smuggling drugs into San Quentin.

• Lack of training about the drugs and procedures used.

• Inconsistent record-keeping and not accounting for the drugs.

• Improperly mixing the drugs used in an execution.

• Poor lighting and overcrowding in the execution chamber.

The Associated Press contributed to this report.

Contact reporter Layla Bohm at layla@lodinews.com.

First published: Friday, December 15, 2006

Reader Feedback

Justice is diminishing in America wrote on Dec 26, 2006 2:14 PM:

" District Judge Jeremy Foge is like so many educated idiots that are destroying America. Working to get his name in the news and media at the expense of justice. In hospitals thoughout the country, tens of thousands of people are rendered unconsicous everyday with no complications before undergoing the knife. But clown Foge creates an issue strictly for self gain without concern for the victims or victims family. He is a pitiful human. "

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Ajax wrote on Dec 22, 2006 10:31 PM:

" I doubt that a convicted person on death row has involvement with family or friends. That really not consistent with the archtype. At the holidays they often have some religious folks come by (who also come by through out the year) and minister to those on death row. Otherwise it's a series of cages. The people in thos cages are extraordinarily dangerous and you get a real sense that the guards fully apprciate that they have nothing to lose. "

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Pro Lethal Injection wrote on Dec 22, 2006 2:59 PM:

" Well, I wouldn't feel that bad for the other family, yet... At least their son is still alive! I'm sure they get to visit with HIM for the holidays! "

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IMO wrote on Dec 22, 2006 7:18 AM:

" i didn't post my opinion concerning this. my post was that it seems to me that people too often are negative concerning issues or importance. i'm not saying this isn't a negative issue to begin with. i believe any loss of life is a negative issue. my feelings go out to both families involved in this. and concerning if it were to happen to my family. i hope it never does. i would do my best to forgive, never forget, but to forgive and move forward. share the love. "

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wtf wrote on Dec 21, 2006 4:13 PM:

" Just send parolwe him here in Lodi. He'll get taken care of and since the D.A.s office in this county is clueless There will be no charges filed and/or the prosecuter will be at best incompetent. "

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Recall The Suicide Doctor! wrote on Dec 21, 2006 10:49 AM:

" Well maybe they should free Dr. Kovorkian then, and the man could assist Morales with his suicide if he hates prison life that much! "

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smokeater8 wrote on Dec 20, 2006 9:40 PM:

" Morales was "happy" when his execution was postponed? I doubt it. Ever been on a death row and seen what life is like? I have worked with prisons, and every inmate I have ever talked to has expressed that death would be much better than to have to survive decades in such an environment. The only reason they fight the penalty is the fear of the unknown and a comfort with the known. Many would gladlt let the State kill them if the lawyers would quit pushing them to appeal. "

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Ajax wrote on Dec 20, 2006 8:24 PM:

" If our society doesn't punish enough we really do have a problem because the DOJ says we incarcerate more people in this county (percentage wise) than any other country. That's right...more than China or Russia or Iran. I do think that too many in this area get away for lesser crimes without jail time but no one wants to pay for more prisons. Right? "

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Ajax wrote on Dec 20, 2006 8:20 PM:

" I've visited various prisons in several areas of the country and I have to see a big screen tv. TV's are used by prison staff along with a few other nominal perks as a way to reward compliant behavior. I've visited a death row as well and I saw absolutely no televisions. Instead many are housed in 4x8 cells while awiting the case to snake through the system. "

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tj wrote on Dec 20, 2006 12:51 PM:

" I'm sorry, I must clarify, sarcasm doesn't come over well sometimes in typing. Morales was probably happy, I know if i were the family I wouldn't be. The criminal shouldn't be the one to be happy. Not saying it would bring happiness to the victims family, but it should at least bring justice. "

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tj wrote on Dec 20, 2006 12:46 PM:

" Imo...well, here is my OPINION. I feel our society is soured because don't punish as we should. Unlike you who thinks the reverse. Morales shouldn't have lived this long. Imagine how happy he was when his injection got postponed. Now, tell me, how happy is his victim and her family? Is that just? "

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Power To The People wrote on Dec 20, 2006 9:05 AM:

" I think that instead of sending these creeps to jail, they should just let the citizens of the town stone them to death.. Power to the people! At least the people who killed off the bad guy would get a nice place to stay in prison, with the gyms, big screen T.V.'s and other luxuries! It's better than what some have at home! "

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Trish wrote on Dec 18, 2006 7:32 PM:

" Sam you are 100% correct!! "

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sam wrote on Dec 18, 2006 5:13 PM:

" Trish, what agreat website. I have heard of his prison. Is this the one were all the towels and sheets are pink? I love restricted tv, living in tents, and the chain gang. Actually I think NO tv, and no visitors. No phone, no computers, etc. Our prison system is a sham.If you go to prison, you should have NO rights. "

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nylodian wrote on Dec 18, 2006 4:13 PM:

" IMO: I don't think this is a situation someone seeks as an excuse to "lash out". I think there is more compassion than hate here if you look, only its for the VICTIM and her family. "

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nylodian wrote on Dec 18, 2006 4:10 PM:

" Thank you, Stkngirl "

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nylodian wrote on Dec 18, 2006 4:09 PM:

" All the years of appeals any death row inmate automatically gets should be plenty of time to re-test any DNA evidence in question. OTH is right - voters are frustrated - why bother voting for something, or being on a jury if one judge can change it to fit their agenda? "

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49 er J wrote on Dec 18, 2006 12:26 PM:

" I think that the reason "every excuse in the book" is used to not carry it out should be obvious. If you make a mistake, there is no opportunity to correct it. This is the main crux of the argument against capitol punishment. "

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OTH wrote on Dec 18, 2006 9:28 AM:

" IMO......I agree with you that nobody wins. People voted for the death penalty and I think they are frustrated that every excuse in the book is used not to carry it out. Shorten the appeals process, speed it up and do what the voters have spoken. The heinous crimes of some of these men need to be answered for. The families of victims deserve no less. It's more than their loved one got. "

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Trish wrote on Dec 18, 2006 9:11 AM:

" IMO here you go again with your "so much anger here" attitude. Yes we are mad! You should be too. These scum bags are no longer afraid of the law. No respect for human life. They think they are above all, but really they are not worth housing and feeding. We need Sheriff Joe Arpaio of Maricopa County, Arizona to come and take over our prisons. Here is the link to read up on him. http://www.mcso.org/submenu.asp?file=aboutsheriff&page=1 I wonder how you would feel if someone did to your child as morales did to Terri? Think about that! "

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Ajax wrote on Dec 18, 2006 7:17 AM:

" Fortunately, the victims of crime in our society have relatively little say into the sentencing mechanics of dealing punishment. That's not to say that there is not empathy for the pain of victims or that the death penalty is appropriate for the worst of the worst. But that's what the system must guard against. It's not (all) retribution. If it was eye for an eye we would all be blind. This is only one Judge's order/view and the ninth circuit is likely to set it aside if the state presents an appeal. "

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IMO wrote on Dec 18, 2006 6:40 AM:

" tis the season...so many of you are so full of anger and hate it sounds like. i'm in no way saying that anyone is correct here. how could one's opinion be right or wrong? i don't believe it could be. it's yours, and you're entitled to it. i do believe that it's attitudes like these that have soured our soceity. it seems people are just looking for a reason to lash out. nobody wins in a situation like this. instead of pointing fingers, realize how fortunate you are not to be in the shoes of either of the families involved. "

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Gail Floyd wrote on Dec 18, 2006 2:50 AM:

" hey Dave I see you have never lost anyone you love to murder or rape be thankful but until you do let the familes who have see it to the end eye for an eye we voted for it he was given the sentence if should be follow out I for one don't care if anyone on death role is in pain I am for Modesto I also hope good ole Scott Peterson gets what he deservers sorry if you don't like the way we feel suck it up and move on "

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Christian wrote on Dec 17, 2006 8:10 PM:

" If God had been against the Death Penalty, we wouldn't have Easter. "

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Serious wrote on Dec 17, 2006 6:04 PM:

" Cruel and unusal? You must be kidding. This is human garbage society has no use for. Upon conviction, take them to a room, put a shotgun to the back of their head and pull the trigger. All gone, done. No pain. Next. "

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Ok wrote on Dec 16, 2006 7:27 PM:

" Ok change the current death penalty and get on with his excecution.... Maybe they should use him as a crash test dummy that would be quick.... "

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stkngirl19 wrote on Dec 16, 2006 7:19 PM:

" To NYLODIAN....amen "

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jlawrenceendicott wrote on Dec 16, 2006 7:09 PM:

" Evil in America is perpetuated by unaccountable judges using their black robes to hide their hate and disgust for law, order and the American way. Most judges are fully owned and operated by the ACLU. Call me, I will quickly and painless dispatch El Senor Morales. "

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Not_Bending_Over wrote on Dec 16, 2006 6:48 PM:

" We are the last first-world country to have the death penalty, because we are the last with real steel balls. Wussy Europeans only do something when they're on bottoms of another country's shoes. Most of those spineless twits dug their head deeper into sand, while millions of Jews (neighbors, so-called friends) were slaughtered, then came running to Uncle Sam to save themselves. They won't stand up and stop the flow of foreign losers, but steam is building up in little eutopic pressure cooker. Just matter of time before their prisons become so packed with scum, they'll be exporting them. "

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Tired_of_Wussies wrote on Dec 16, 2006 6:41 PM:

" Unfortunately, taking his life won't bring her back, else it would be worth it. However, frying him means when his sick relatives go on killing sprees and he's not available for the job, another girl out there might live. If killing losers softly makes it easier for bleeding hearts, then let's find a way. But they don't deserve to live, when they've mutilated and brutalized another person heartlessly. A lot of planning went into taking her life, and neither of these losers bothered to stop long enough to think about consequences or come to their senses. Fry them both! "

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Karma is coming for you Judge..... wrote on Dec 16, 2006 6:38 PM:

" I say we execute the guy, then let Jesus decide if he's worthy enough for heaven. Does Morales have children? Why should he have the privledge? So since he killed someone else's child, can someone do away with his? It's not mean, afterall, he did it first....He should have had a vasectomy I guess... "

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To: Forgivness wrote on Dec 16, 2006 6:32 PM:

" So, are you playing the role of God now? Yeah, I'm sure if this man raped and killed your child in a horrific way, you'd be waiting for him with open arms for that big hug, huh? Doubt it! All these creeps do is go to prison, and start reading the bible to make them look like a saint! Do not be fooled! "

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nylodian wrote on Dec 16, 2006 5:59 PM:

" Now her family's rights are violated - they deserve justice and have the monster's sentence carried out. "

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nylodian wrote on Dec 16, 2006 5:54 PM:

" No one's "Constitutional rights" were ever more violated than Terri's. "

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pondtoad wrote on Dec 16, 2006 5:04 PM:

" If you wonder where your tax dollars go, keep in mind that minimum security prisoners cost about 40,000 per year to keep locked up. Maximum security prisoners cost more than 100,000 per year. Why do we warehouse these people? "

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pondtoad wrote on Dec 16, 2006 5:03 PM:

" There should be no punishment more cruel or unusual than the crime committed. We are all taught that some things are permitted, some things not permitted in our society. When a person, for what ever reason, choses to violate the rules of our society, secular justice must prevail. The "shades of grey" that are so prevalent in our "judicial system" are the result of having black and white to balance against. Removing the absolutes as reference results in a total loss of reference points. "

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pondtoad wrote on Dec 16, 2006 5:01 PM:

" Being an ordained minister, I must point out a detail that is often overlooked. When Jesus was on the cross, and He told the repentant criminal "Today you will be with Me in Paradise," He could have zapped the man off the cross, to Tahiti, with a MaiTai in his hand. Jesus did not. Secular justice had to prevail. "

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boofugg wrote on Dec 16, 2006 4:21 PM:

" What is cruel and unusual in this country is the way the politicians treat the people who elected them. If we want to see justice done, it looks like we are going to have to take the bull by the horns and do it ourselves. I know this sounds like I am espousing vigilantism, but it only sounds that way because that's exactly what I'm doing. "

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bud wrote on Dec 16, 2006 4:15 PM:

" I'm quite sure that the family of Morales live with the horror of what he did everyday. I do not think they 'enjoy' all the restrictions on their relationship with their father/son/brother and while they are most probably very glad that he is alive, they are innocent victims in this and suffer knowing that one day he could be killed while people watch. No one would wish Terri's mom the pain she is suffering. Why wish it on another blameless mom? "

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to Jesse wrote on Dec 16, 2006 2:42 PM:

" What crap did they teach you in public school ? The constitution is NOT a living breathing document. It is designed to set standards, limits, acknowledge rights etc. The minute you screw around with it "to make it more modern", you have nothing to anchor the nation except whatever fad is blowing across the United States at the moment. What a pinhead. Robert Barrington. "

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hmmmm wrote on Dec 16, 2006 2:40 PM:

" A friend of mine had open-heart surgery, cutting through ribs and muscles and while he was asleep he said he didn't feel a thing. So what is the big deal? I say get it over with already! "

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IMO wrote on Dec 16, 2006 2:20 PM:

" i can relate to many of the thoughts and feelings posted here. well wishes to you all, and happy holidays. nobody wins on either side of this. i don't believe the loss of any life would bring anyone peace, or piece of mind. being hurt is understandable. staying mad isn't healthy. it'll burn a hole in your soul. be kind. be considerate. be true. be you. "

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get real wrote on Dec 16, 2006 2:00 PM:

" Why spend the money on someone (court cost, meal, gym and etc) who is found guilty by the people. Rather, spend those hard earned tax dollars on schools and the people who pays them. lets get the excution going and i bet we would greatly improve the lives of everyone in this country. "

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Lodi Businessperson wrote on Dec 16, 2006 12:57 PM:

" I can only support capital punishment if it is carried out swiftly. The current methods are ridiculous. Victimized families have to constantly relive the incident for years and years and may never see the ultimate result. Throw them in jail and throw away the key. ABSOLUTELY NO POSSIBILITY OF PAROLE! "

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Lodi Businessperson wrote on Dec 16, 2006 12:52 PM:

" I am opposed to capital punishment in it's present form. Not because I believe its cruel and unusual but because of how long and expensive it is. Because it takes over 20 years and millions and millions of dollars I believe those convicted should be incarcerated for life with no possibility of parole. It would be far cheaper and we would not be subjected to years and years of waiting. "

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to dave wrote on Dec 16, 2006 12:42 PM:

" Your naive world is a scary place. "

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OTH wrote on Dec 16, 2006 12:40 PM:

" I understand our legal system is a system of checks and balances. So why do we allow a man on the execution team diagnosed with PTSD? Another for smuggling drugs into the prison? Why does he still have a job? Isn't that illegal? This is a defense lawyers dream. Our system needs to be tightened so no one, prisoner or lawyer can wiggle around it. How many criminals have walked on a technicality? "

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Solution wrote on Dec 16, 2006 12:37 PM:

" There is a sure-fire way to make sure those being legally executed do not feel pain- A properly administered hanging. A well trained hangman ties the knoose in a way that, with a proper trap door and platform, the prisoner falls quickly and his neck is snapped causing instantaneous, pain free death. "

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forgivness wrote on Dec 16, 2006 12:32 PM:

" mr morales dosent need death he needs a big hug and some understanding Judge Jeremy Fogel is right infact i think the judge should take morales under his wing mabe try to be his mentor since he cares about him so much mabe he could work for the judge around his estate mabe look after his children "

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Will wrote on Dec 16, 2006 11:40 AM:

" To Jesse, one correction for you. The United States is "the last modern, first-world country left that allows capital punishment". It is BECAUSE we allow it is why we are the last, not in spite of it. "

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so sad wrote on Dec 16, 2006 10:58 AM:

" i agree with stkngirl19,. i feel very sad for the girls family i would want justice myself, i do not know Michael at all but i know his parents,. i feel so sad for them as well. its sad that they have to deal with this stupid thing there son did.i do hope justice comes for the girls family. i dont past judgement. thats gods job we all will be judge one day. "

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sob wrote on Dec 16, 2006 10:51 AM:

" Those who say "kill him no matter how" just don't get the issue. It's not about Morales, but about how him and any other death-row criminal will be executed, from now-on. When it has been proved that death-row criminals have been wrongly found guilty in the past (DNA tests have found MANY such mistakes cases in the past 10 years), it's legitimate to worry about the death penalty, and the least we can do is make sure it's carried out extremely carefully. "

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sosad wrote on Dec 16, 2006 10:50 AM:

" this is so sad "

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Jesse wrote on Dec 16, 2006 10:19 AM:

" And lastly, this country was based on the idea that we, as a people, should be able to change as our fundamental understanding of our humanity changes. That is why the Constitution of the United States was created as a living document. When you realize that the United States is the last modern, first-world country left that allows capital punishment, you should stop and consider why that is, before you allow yourself to succumb to the gut reaction of vengeance. "

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Jesse wrote on Dec 16, 2006 10:18 AM:

" Second, this country is NOT a theocracy, and when you quote a religious text to give ground to your legal/political argument, your premise immediately becomes flawed. Using religious interpretations to create the law is what countries such as Iran do, and what results is an intolerant and repressive regime. "

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Jesse wrote on Dec 16, 2006 10:17 AM:

" First, before you begin spurting out the "eye for an eye" phrase, you should first learn what it means, and use it intelligently. The phrase originates from early Jewish religious law, and does NOT mean do at least equal punishment to an offender. It means that one should do NO MORE than what the offense was. In other words, you don't take someone's eye and their leg for when they commit an offense that costs another their eye. You are permitted, at the MOST, to take an eye. It was a LIMITATION, not a minimum expectation. "

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Trish wrote on Dec 16, 2006 10:14 AM:

" To Morales and his family: I really hope you enjoy your Holidays, the phone call, visit, laughing, seeing one another. As you sit and visit at the Prison think about this; The Winchell family and friends can only talk to Terri in our dreams. We only have a grave to visit. "

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R.G. Goldstein wrote on Dec 16, 2006 10:05 AM:

" Why do I get a sick feeling that this District Judge Jeremy Fogel is a Carter or Clinthong appointee. He needs to spend a few minutes re-reading the 8th amendment. Feeling a little twinge of annoyance was never the intent of "cruel nor unusual" punishment. Judges are a scourge on all of America "

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lodicitizen2 wrote on Dec 16, 2006 9:51 AM:

" commonsense if your soo worried about being judged and agree with the bible in "Thou shall not murder" then u also agree when it says "Obey the law of the land or suffer the consequences" Dave the only thing this judge did was stand up for a monster who was more interested in drugs and murder than the pain this would bring his own family. "

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Serious wrote on Dec 16, 2006 9:48 AM:

" Commonsense: hopefully you will never have to go thru what Terri's parents are going through. But if it were your child who was killed, you would understand the need for his death. An eye for an eye should be upheld. "

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LodiMom wrote on Dec 16, 2006 9:45 AM:

" My point being that they are afraid to execute with lethal injection since it is cruel and inhumane. Everyone convicted of murder should die the exact way they killed their victims. Then there would be no questions, the person committing the crime knows that is the way he is going to die. "

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comcerned wrote on Dec 16, 2006 9:28 AM:

" if it so cruelfor a jury of 12 people to find someone guilty and give them the death penalty, why have a trail at all? it would seem that the victims are the ones on trail and ther judges and lawyers are saying we don't doubt your dead and he/she did this but we really doubt that he should have to pay for this. so instead they get life which is 3 meals a day a gym and eduction that some of can't afford for our own children. and they say crime doesn't pay.something is terribly wrong here. "

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Tammy wrote on Dec 16, 2006 9:22 AM:

" Who cares how he feels, he should die the same way he killed Terry. This monster didn't care how she felt are her family he took a precious life and didn't think twice about it. "

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Lodian_74 wrote on Dec 16, 2006 9:05 AM:

" Unconstitutional, my a$$! Just keep filling up our prisons with scumbag killers and molestors that we pay for. Especially all the ammenities that they get. I think the judge needs a lethal injection! "

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OTH wrote on Dec 16, 2006 8:05 AM:

" stkngirl19........If they keep it up we may be headed in that direction. The sad part of that is another life,the person doling out justice, is also ruined well beyond the loss of a loved one. The tragedy only continues to grow. "

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commonsense wrote on Dec 16, 2006 7:44 AM:

" Whatever we do to him, it will never bring that poor girl back or bring peace to the family. We are judged by the how we treat others, even those who do not deserve to be treated well. And how will we be judged for the way we administer the death penalty? Not well. "

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Dave wrote on Dec 16, 2006 7:18 AM:

" Finally a judge who will stand up to the uncontested nonsense in this country. "An eye for an eye" mentality has no place in the 21st century. Evolve a little people! An as for getting the state to sanction killing him with rape and a headbeating with a hammer, why should WE become monsters too? "

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American Shame wrote on Dec 16, 2006 7:11 AM:

" Another example of shameless American politics and the moral minority. An eye for an eye - 23 strikes for 23 strikes... "

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LodiMom wrote on Dec 16, 2006 6:44 AM:

" They should kill him the exact way he killed Terri. I am sure there are guys in prison who would rape him then hit him in the head with a hammer. Everyone should die the way they killed their victims. No questions asked. An eye for an eye. "

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Gail Floyd wrote on Dec 15, 2006 11:09 PM:

" So what if he has pain ........Terri sure did and she did nothing wrong ever to have this happen to her Hell I will give him the shot in the arm...but I am sure there is along line already for the chance he has no right to live...what he did was...horrible................ "

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plain old joe wrote on Dec 15, 2006 9:25 PM:

" Whats wrongs with hanging them and breaking there neck. If they fall 30 feet, its bound to work without pain. "

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Lodian wrote on Dec 15, 2006 9:25 PM:

" Nobody is pro-murderer and pro-criminal. "

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stkngirl19 wrote on Dec 15, 2006 8:58 PM:

" i'm surprised there isn't more Ellie Nessler style justice. "

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OTH wrote on Dec 15, 2006 8:15 PM:

" To ra......I might be considered a liberal but I am not pro-murder or pro-criminal. That's insulting. Who in their right mind is pro-murder? If a man is found guilty and sentenced by the court that sentence should be carried out to the fullest extent of the law. These men sit on death row for 20 to 25 years while people think up ways to get around their sentences. The public have voted for the death sentence and it's time judges started carrying that out. "

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mad dog wrote on Dec 15, 2006 7:36 PM:

" stkngirl19,,i find myself agreeing with you alot! "

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stkngirl19 wrote on Dec 15, 2006 7:26 PM:

" He hit this girl in the head with a hammer 23 times, raped her, left her for dead in a vineyard, and we're worried if lethal injection is cruel and unusual. "

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stkngirl19 wrote on Dec 15, 2006 6:49 PM:

" Another fine example of how the victims and their families never get justice. These are the exact reasons i have no compassion for crmiinals or the people that raise them. "

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ra wrote on Dec 15, 2006 6:20 PM:

" The pro-murderer, pro-criminal left strikes again. It's time for a revolution. "

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sam wrote on Dec 15, 2006 5:29 PM:

" This is so sad. "

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THS wrote on Dec 15, 2006 4:25 PM:

" I'm speachless. This is a terrible terrible judgement. Who got to say if Terri lived or not? Morales did. And now he has more rights then the family of his murder victim. "

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Lodian wrote on Dec 15, 2006 4:24 PM:

" Unbelievable! Judge Fogel is a coward. "

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Fischgoth wrote on Dec 15, 2006 4:12 PM:

" Judge Fogel is a total JACKASS! He should be locked up with Morales. His ruling is a terrible slap in the face of Terri's survivors. "

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Former Lodi Resident wrote on Dec 15, 2006 3:26 PM:

" Oh boy. Prepare for a flood of comments. "

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