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Background: NAME: BROWN, Cal Coburn D.O.B: April 16, 1958 Race: White DATE OF CRIME: May 24, 1991 PLACE OF CRIME: King County BRIEF FACTS: Cal Brown was convicted of aggravated first-degree murder for the 1991 stabbing and strangulation death of 21-year-old Holly Washa. The aggravating circumstances were that the murder was committed (1) to conceal the identity of the person committing the crime, and (2) in the course of or furtherance of Kidnapping in the First Degree, Rape in the First Degree, and Robbery in the First Degree. State v. Brown, King County Superior Court Cause No. 91-1-03233-1. DATE OF CONVICTION: Dec. 10, 1993 SPECIAL SENTENCING: Dec. 27, 1993 JUDGMENT AND SENTENCE: King County Superior Court, Cause No. 91-1-03233-1, Jan. 28, 1994 Recent Developments: Jan. 21, 2009: US Supreme Court denies petition for writ of certiorari Jan 28, 2009: Mandate issued, execution scheduled for March 13, 2009 March 09, 2009: Washington Supreme Court denies Brown's original action against state officers and Brown's second personal restraint petition, denies motions for stay in both actions. March 11, 2009: Thurston County Superior Court Judge Chris Wickham denies Cal Coburn Brown’s motion to stay his execution, pending the outcome of his consolidated case. Brown files petition for review in Washington Supreme Court. State files reponse. March 12, 2009: Clemency and Pardons Board heard Brown's request for clemency at 1 p.m., voted 2-2 to stay the execution late in the afternoon and referred the recommendation to Gov. Christine Gregoire. Shortly after 4 p.m., the State Supreme Court ruled 5-4 to grant Brown a stay, pending the outcome of his consolidated case in Thurston County Superior Court challenging the constitutionality of the state's lethal injection protocol in May.
July 10, 2009: Thurston County Superior Court issued its decision in Stenson, et al. v. Vail, et al. ruling that Washington's lethal injection protocol is constitutional both under the United States Constitution and Washington's Constitution. The Court concluded that Washington's lethal injection protocol is "designed to administer the death penalty in a way that is humane for both the inmate and the observers. It is an attempt to provide some dignity to this most grave event."
July 14, 2009: The AGO filed in the Washington Supreme Court a motion to vacate the stay entered for Cal Brown, but the motion was denied on Sept. 10, 2009. A date of execution cannot be set until the stay is vacated. Once the stay of execution is vacated, the date of execution will automatically reset for thirty judicial days (approximately 45 calendar days). August 2009: Defendants appealed the decision to the Washington State Supreme Court. March 18, 2010: The Washington Supreme Court heard oral arguments in Brown and Gentry v. Vail and Stenson v. Vail. July 29, 2010: The Washington State Supreme Court dismissed various challenges to Washington's method of carrying out lethal injection and lifting the stay of execution for Brown. The justices unanimously agreed that the Legislature properly delegated to the state Department of Corrections the authority to enact and implement an execution protocol. The court also declared the inmates’ constitutional challenge to Washington’s three-drug lethal injection protocol as moot now that the state is using just one lethal injection drug, sodium thiopental. Brown, Stenson and Gentry argued in the trial court that that the current one-drug protocol would not inflict pain, and would therefore would be constitutional. Under state law, the date of execution automatically resets for 30 judicial days. Brown’s new execution date is set for Sept. 10, 2010. August 18, 2010: Brown and Gentry file a motion urging Judge John Coughenour to stay the Sept. 10 execution, arguing: the Department’s one drug protocol presents a risk of severe pain because the Department has provided no information regarding the qualifications of the lethal injection team; Brown was denied the right to access to courts by the change in the protocol; and the acquisition of the sodium thiopental violates the controlled substances act.
August 19, 2010: The State of Washington filed a motion requesting the court deny the motion for a stay. Sept. 2, 2010: Brown filed an emergency motion for a stay of execution in the 9th Circuit Court of Appeals. Brown’s motion argues that the lethal injection team is unqualified and that he was denied a full and fair hearing in both the state court and the district court because he was not permitted to conduct discovery regarding the qualifications and experience of the team members. He has asked for a stay until he has been given the opportunity to conduct discovery of the team members’ qualifications and experience. The state filed a response. Brown also filed an emergency motion to stay the execution along with his third personal restraint petition in the Washington State Supreme Court. Brown argues the execution of his death sentence will violate the state and federal Constitutions. He asserts his death sentence should be reversed because information relating to his mental illness (bipolar disorder) was improperly downplayed during sentencing.
Sept. 3, 2010: Brown filed a third motion in King County Superior Court, seeking a stay of execution based on his allegation that he is incompetent and cannot be executed as a result. King County is responding to this motion. Sept. 4, 2010: The Ninth Circuit Court of Appeals issued a 2-1 decision, denying confessed murderer and rapist Cal Coburn Brown's motion for a stay of his pending Sept. 10 execution. Sept. 7, 2010: Brown filed a petition for certiorari and an application for a stay of execution in the US Supreme Court alleging the US District Court, Western Washington, and the Ninth Circuit erred in denying a stay. The King County Superior Court denied Brown's Sept. 3 motion for a stay of execution based on his allegation that he is incompetent and cannot be executed as a result.
Sept. 8, 2010: Brown filed a motion for reconsideration of the Sept. 7 King County Superior Court ruling denying his motion for a stay. King County Superior Court then denied his motion for reconsideration. The Washington Supreme Court denied Brown's Sept. 2 motion for a stay of execution in his third personal restraint petition in which he argued he is incompetent and cannot be executed as a result. Governor Chris Gregoire issued a statement declining to grant Brown's petition to commute his sentence from death to life in prison without possibility of parole.
Sept. 9, 2010: The US Supreme Court denied Brown's motion asking the court to hear his appeal challenging Washington’s lethal injection protocols. Brown filed a motion requesting a stay of his execution in US District Court, Western Washington, in Seattle. His motion before District Court Judge John C. Coughenour argues that absent his medication, he would be incompetent to be executed. This motion, while similar to the motion before the state Supreme Court, is unrelated. The Washington State Supreme Court denied Brown's motion requesting a stay of his scheduled execution and arguing that absent his medication, he would be incompetent to be executed. Judge Coughenour rejected Brown's motion for a stay. Brown appealed to the Ninth Circuit Court of Appeals. The Ninth Circuit Court of Appeals denied his motion for a stay. Brown appealed the earlier decision by the Washington State Supreme Court to the US Supreme Court who did not respond by midnight.
Sept. 10, 2010:
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