UPDATE: (as of 4:30 pm)
Christine Gasparac, Press Secretary for California Attorney General Jerry Brown, states that the execution is indeed cancelled and that a new execution date will be sought in accordance with applicable law and in conformity with all court orders.
Additionally, the California Department of Corrections and Rehabilitation (CDCR) has now notified media representatives authorized to cover the scheduled execution of Albert Greenwood Brown Jr. that the execution has been removed from the CDCR calendar.
In short, all parties are now acknowledging that the court issued an order denying the State’s request to carry out the execution as scheduled, thereby halting all executions in California until questions of constitutionality can be answered.
However calcuating it appears, the CDCR has its order in for a new batch of sodium thiopental and the legal battles are far from over.
Meanwhile, Attorney General Jerry Brown has led the fight to execute because, as he stated, it is his job as the state's "top cop." If elected as Governor in November, will he exercise his power as chief executive of the state to grant or deny clemency for Albert Greenwood Brown Jr. or any of the other 708 inmates currently on death row in this state?
Only time, legal battles, election results and expiration dates will tell as this continues to unfold over the coming months.
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According to ACLU's Twitter feed, today, September 29, 2010, the California Surpereme Court has denied Jerry Brown's office's final appeal to proceed with the execution of Albert Brown. At this time it appears that the execution of Albert Brown cannot proceed.
Jerry Brown's office had hoped to reverse a decision from yesterday that would halt the rescheduled execution.
This latest decision upholds a earlier injunction from a Marin Superior Court.
The ACLU is waiting for a Stand Down Order from the Warden of San Quentin/CDCR and the Attorney General. Only notice of an end to execution prepartions will signify that the state will not keep pushing to execute before the expiration of its final doses of sodium thiopental.
"Now the Supreme Court as well as the Federal Courts have spoken: the rush to execute must stop. We should take the time to make sure the serious issues and public concerns are addressed," declared Natasha Minsker, ACLU's Death Penalty Policy Director.
As of this moment there has been no word from Jerry Brown's office though calls for comment have been placed as well as a requests for press releases.