albert brown has been on death row for 28 years. it was just recently that jerry brown was pushing for lethal ejection. could it be because of the governor's race? 61% of those poll in the bay area now support the death penalty. we just received word late tonight from attorneys from albert brown that they plan to march into a moran county court first thing monday morning and seek an injunction to temporarily halt all executions. while the session is looming for brown here at san quintin tonight, word from his attorneys make it far from over. >> robert lyles, thank you. >>> the man accused of holding jaycee dougard hostage for two decades my never stand trial. the criminal trial was suspended after serious concerns over his mental come pen tensy -- compency. >> it's something who can actually tell the different. >> the judge based his decision on talks with his lawyer and his own observations, among them, he saw him frantically scribbling notes in court when nothing was happening. a report from a court-appointed psychologist is spend

albert brown is scheduled to receive a lethal injection one minute past midnight. the victims' rights group, citizens against homicide says it is about time. >> truth in sentencing needs to happen. i think moving forward so these families can have some sort of closure is a positive thing. >> it is california's first execution in nearly25 years. a judge gave the go ahead now that prison officials complied with his order. they built a roomier chamber and has revised how they are trained. >> they are coming in with evidence there is about to be an unconstitutional execution. he finds the evidence is not there, and there is no reason he can find legally to bar this execution. >> albert brown was convicted of raping and murdering 15-year-old susan jordan of riverside county 30 years ago. brown grabbed her, tied a shoelace around her neck and pulled her into an orange grove. then later this night brown called jordan's mother telling her "you will never see your daughter again." jordan's family is counting on next week's execution. they say their 30-year wait is long enou

the execution of convicted killer albert brown had been scheduled to take place just after midnight tomorrow. the governor issued a 45 hour delay until 9:00 p.m. thursday the state attorney general's office announced it would place all future executions on hold. rob roth explains today's development. >> reporter: the delay will give the courts time to weigh in on the state's legal injection protocol and also today california attorney general jerry brown announced a halt all executions in california beginning friday's. >> there's a shortage of a key drug used in executions that renders inmates unconscious. the attorney general's office said this office will recommend that future executions be scheduled when the california department of corrections and rehabilitation expects the drugs to be available. the statement did not say when that would be and a spokesman declined to be interviewed. officials say the drug is available through the execution of albert brown condemned of the week and killing of a 15- year-old girl. >> we know why the state was rushing to conduct his execution even though th

instead, the governor's office is telling cbs5 that albert brown's full cash of appeals won't expire until thursday so the execution date has been moved to reflect that. regardless, the family of brown's victim is speaking out tonight saying they have waited three decades so they'll wait another 45 hours to see this convicted killer take his last breath. >> he made the decision to rape and murder my sister so he has to live with the consequences. >> reporter: by phone james jordan recalled how he was just 7 years old when his older sister, susan louise jordan, vanished two days before halloween 1980. nearly 30 years have passed but there is no erasing the painful details. >> i remember getting in the truck with my father and, umm, driving up and down the -- driving up and down the streets, you know, calling out, calling her name. >> reporter: susan jordan was walk to go high school in riverside when albert green wood brown dragged her into an orange grove, raped and then killed the 15-year-old. brown then looked the family up in the phone book and started a campaign of tractor. >> al

what got albert brown on death row. >> if you were asked what you didn't want to see in the airport this may be it. why men with guns were allowed to walk into san jose's airport. . and an enxpensive side effect of mainliness. the cost of razors. how to get them to last twice as long. >> it's cheap, strong and hats bott a kick. people say they don't remember anything after drinking it. it's so strong dozens of attorney's general including jerry brown are investigating the drink popular with teens looking for a quick buzz. joe vasquez shows you the stunning amount of alcohol, sugar and caffeine in every can. >> reporter: this is 4loco. it's a huge can, 12% alcohol, caffeine. just how much it takes to get one of them, five glasses of beer and a coup of coffee. >> everybody my age drink itself. >> reporter: it's the new popular drink among young people. >> i don't remember. >> reporter: martin said he blacked out after drinking just one last week. >> i had one. if you drink it quick enough that's all it takes. i don't remember about 30 minutes after it. i don't remember. totally plant. >> r

officials say the drug is available for the execution of albert brown, condemned for the rape and killing of a 15-year- old girl in riverside in 1982. uc berkeley law professor heads this -- >> i think we know know why the state was rushing. >> reporter: today brown received a legal setback in court today. attorneys seeking to halt the killing of albert brown asked a marin county superior court for a temporarily restraining order while the state can review the protocol. >> mr. brown cannot prove that -- [ inaudible ] >> the application for a temporary restraining order is defined. >> the department of california corrections did not follow the rules when they enacted these regulations. the court needs an opportunity to evaluate those very serious claims before we carry out executions. >> reporter: attorneys are appealing today's ruling to the state court of appeals. another appeal is pending in a federal 9th circuit court of appeals at san quentin prison, rob rocket, ktvu channel 2 news. >>> peninsula congresswoman jackie speier is proposing new rules tonight to protect people who live nea

opponents are asking what is the rush to execute albert brown? >> assuming all this gets figured out, you can go ahead and kill him in your nice new execution chamber. >> the state's appeal will try to get the execution back on track and there's a time limit on this. the lethal injection potion hassen expiration date on friday and there will be no more available until next year. judge fogel's review is going to take months. if the attorney general's office is not successful in its appeal, mr. brown will have months to live. they've gotta have a decision by tomorrow or it will be months before they can execute mr. brown. >> terry, thank you. it's 5:31 now. it'ss morning after the first debate in the hotly contested race for governor and the score cards are coming out this morning. the clash was a candidate of political experience versus a candidate of business success. abc 7's jenelle wang is here with more. >> eric, the polls are not officially out yet but people who watched last night's debate said the two candidates came out in a virtual tie. t

this is the man facing death, albert greenwood brown. the governor moved the execution to 9:00 p.m. thursday to give the courts time to weigh in on the case. earlier a judge refused to block the execution saying albert greenwood brown failed to show the procedures would cause him pain. kron 4's jonathan plains the governor's decision and when this might happen this might be the last execution in california for a while. >> reporter: governor schwarzenegger writes, i order a reprove of albert greenwood brown's execution. the governor says he has till thursday to file an appeal and can't be executed till the time to appeal has run out and the governor will consider his chance for clemency for raping susan jordan 30 years ago. albert greenwood brown is scheduled to die three hours before executions in california could grind to a halt. this time because the state run out of one of the three drugs used to put inmates to death. sarasodium thiopental, its it renders an inmate unconscious before a second drug paralyzes the inmate and a third derog stops the heart. now the company that makes

as albert brown has not proven he will suffer extreme pain. but he has raised questions of fact there the judge says he will look into those questions in the meantime brown will remain alive. jonathan blum kron 4 news. >> the execution brought protesters to san quentin. dozens of people showed up to protest executions. this is one of several demonstrations across the state. california has been in a legal battle over lethal injection. >> decision 2010 the first debate between the candidates for california governor in fact we have video of the scene lasting. as meg whitman and jerry brown squared off. the candidates traded blows over education, immigration, mainly though the debate focused on the disappearance stances on how to fix the economy. >> i would start by example i would say i will cut 15-20 percent of the governor's office. i would say to the legislature is your turn next. then we start with the agency's then we go from there. i have done budget's most of them were on time. when was late by week. nothing like this mess. i know how to d

the condemned man is albert green woofed brown. he was sentenced to death in 1982 for the rape and murder of a 15-year-old riverside, california, girl. this morning attorneys speaking for brown will ask a marin superior court to stay the execution. they say changes to the lethal injection protocol are minor and that the judge that allowed it to go forward doesn't respond correctly or allow public commentment yesterday he missed a deadline to choose between a one drug execution and a three drug execution. >> the judge's ruling today really gives albert brown a hobson's choice, which is no choice at all. judge fogel is saying albert brown must either give up his rights under the federal constitution or his rights under state law. it is completely unfair. >> the 9th circuit court of appeal will look at several of the issues including the judge's ruling itself. the judge, who said there are several significant issues he didn't have time to really examine, the 9th circuit could say we need to make the time. we need to stay the exexcuse

governor schwarzenegger delayed the execution of albert greenwood brown. christie smith is live with what's behind the latest delay. christie? >> good morning to you. a couple of things late last night. they reconsidered a stay of execution and compare the old procedures to the new procedures that would be used here at san quentin. it's unclear if the review would happen by thursday night when ath bert green brown is scheduled to die by lethal injection for raping and killing a 15-year-old girl in riverside in 1980. the district court had denied a stay of execution the original time at 12 tile time 01 a.m. wednesday. the governor issued a statement saying a reprieve was necessary because an injunction wouldn't even expire until thursday. in short, this is not over quite yet. >> they were forced to delay the execution until thursday to allow albert brown enough time to appeal in his case. >> the appeals court said it appeared the execution date was chose nen part because the state supply of one of the lethal drugs expires on friday. if brown's execution is

. >> it is the latest attempt to stop the states from executing this man, albert brown. his lawyers filed court papers sunday with the ninth circuit court of appeals. to block his execution. brown was convicted of kidnapping and raping and killing a 15 year-old girl 30 years ago. brown is scheduled to die in san quentin state prison early wednesday morning. there is no word on halston the court will release a ruling. the three judges that to hear were all appointed by former president george w. bush. if the execution happens, it will be california's first in nearly five years. the method used will be lethal injection. brown was given a choice to be executed with one drug or three drugs. he refused to choose. so by means of the three drug cocktail will be used if the appeals court does not block the execution. aside from the appeals court, they at planned access appear in court judge on monday to block the execution as well. brown also has petitioned governors were a canadian fur for clemency. in the newsroom dahlin kron4 news. >> 843 rolled them was killed by police at a

district judge dan fogel convicted and cleared the way for albert greenwood brown's lethal injection to go forward. the judge said brown failed to show the execution would present a demonstrated risk of veer pain and to reduce the risk -- severe pain and to reduce the risk even further the judge has given brown the option to be injected with a single drug instead of a three drug cocktail now required by the state of california. if brown chooses the one drug option and the state refuses to do that, the execution will be put on hold. brown still has two options to stop the execution. one is with the 9th circuit court of appeals. the other is with marin county superior court. dan kerman, kron 4 news. >> for analysis on the judge's ruling kron 4's jonathan bloom spoke with a law professor who studies the death penalty. >> reporter: law professor abram said the judge's 11 page opinion answers some questions about how the execution of albert brown will proceed but leaves open many larger questions about the future of executions in california. >> i think judge fogel was surprised when the s

death row inmate albert brown was given the choice how he wanted to die. with a heavy dose or a 3-drug cocktail. >> i think a lawyer's worst nightmare is to talk to a client about how they should choose the way they want to die. >> she is head of the death penalty college at santa clara university. she says the three-drug cocktail is considered more risky because it involves a paralyzing agent. >> the paralytic raised all kinds of concerns. if somebody was not sedated and was in excruciating pain, you would see no visible signs. >> brown chose no neither method so that means the state would do the three-drug cocktail. they say such a choice is unconstitutionally midevil. here is dean johnson. >> i think what is going on here is the lawyers are considering whether they can make an argument that it is somehow cruel and unusual punishment to require a man to choose the manor of his death. >> brown's attorneys are pining their hopes on the nineth circuit court of appeals. they filed papers requesting a stay of execution. if it takes place, it will be the first

that's where attorneys for the state and condemed inmates michael pour rail less and albert brown are pleading their cases. the attorney general's office wants executions to resume on the 29th with the death of convicted murderer and rapist albert brown. >> to go ahead and push these execution dates i think is unfair not just to the condemned inmates, but to those people who really want to know what is happening with the processor. >> the state claims the process has changed. judge as jeremy foggle claimed when he halted executions in 2006. now the execution rooms are bigger and the staff is better trained, but df attorneys don't buy it. >> they seem to have the same procedure with the same people doing it. and we already have been down this road. we have already seen what that means. and that's why mr. brown deserves a stay. >> attorney general and gubernatorial candidate jerry brown is also pushing for capital punishment to be reinstated even though he opposed it in the 70s. today brown said this wasn't about personal views. in a statement, the brown campaign said as governor he ple

albert brown's attorneys filed the appeal after the u.s. district judge, jeremy fogle of san jose cleared the way for the execution. in 2006, the same judge ordered prison officials to stop the death penalty and overhaul the lethal injection cocktail after concerns it amounted to cruel and unusual punishment. since then, san quentin's death chamber has been rebuilt and the state adopted new regulation. the regulations have not been reviewed by a judge causing concern about legality. >> i think it's a great concern that a judge is that familiar with this issue is not willing to say let's just take a deep breath and take a look at it. this rush to execution makes no sense, considering the enormity and the irreversibility of what we do. >> brown is on death row for the 1980 rape and murder for a 15-year-old riverside girl. he is set to die on wednesday. >>> meg whitman and jerry brown will square off for the first time. no political commercials, just straight talk. we have a look from our sacramento station. >> a "los angeles times," usc poll

albert brown will be put to death in san quentin's new death chamber. he has to make his choice how his life will end. he can choose to be executed with a three drug combination or a single dose of sodium pentathol. >> barring any last minute appeals executions will resume next week. albert brown is scheduled to receive a lethal injection wednesday morning. a person from the victims rights group says it's about time. >> truth in sentencing makes it happen. moving forward so that these families can have some sort of closure is a positive thing. >> it will be california's first execution in nearly five years. a federal judge gave the go-ahead. they built a roomier death chamber and revised how the death team is selected and trained. >> given that brown attorneys bear the burden to come in the evidence that there is an unconstitutional evidence and the evidence is not there. there is no reason reason he can find to bar this execution. >> albert brown was convicted of raping and murdering 15-year-old susan jordan of riverside county 30 years ago. brown grab

san quentin served convicted murderer and rapist albert brown a death warrant. he is now scheduled to be executed september 29. supporters of death row inmate kevin cooper, who received a stay of execution in 2004, say cooper doesn't believe the process has improved. >> he's familiar with what happens and all the steps, and he can tell that not a lot has changed. >> reporter: death penalty proponents say the state needs to slow down. >> with all these concerns, there are multiple cases pending in court right now and yet we're trying to leapfrog over all those concerns and rush to execute people now. >> reporter: a federal judge says tonight that he will issue a ruling by friday about next week's execution. in the meantime, preparations here at san quentin are moving guard and activists are preparing to protest. reporting live outside san quentin state prison, jean necessarilyly, bay nelly. >>> it's laughable t hte supports the death penalty when he has long been opposed to it. >>> oakland police have released a sketch of the man suspected of robbing and sexually

execution for albert brown and the drug needed to kill him with an expiration date of three hours later. terry mcsweeney, abc 7 news. >> terry, thank you. there could be an even greater pipeline disaster in san bruno. jackie spears says it lost power at its control center in milpitas just hours before the explosion. the line originated in milpitas. a loss of electrical power could have affected equipment that monitors and maintenance natural gas pressure in the pipe. a spokesman for the national transportation safety board says pg&e crews had been working on the power supply system at the control center that day and federal investigators are trying to determine whether the outage played any role in the blast. >> pg&e officials are set to testify on capitol hill today about the deadly san bruno gas explosion and fire. members of the senate committee are holding a hearing on pipeline safety and want to know more about the september 9th disaster that killed seven. barbara boxer is part of the pine and feinstein will also testify. they introduced legislation to double federal pipeline inspe

attorneys for albert greenwood brown argued his execution should be put on hold. first offering him a choice between one drug and a three-drug method violated state regulations. >> this is not proper. >> and second that the method might still cause him pain, considered cruel and unusual punishment though it's just been updated to eliminate that argument. the state argued brown was given a choice by order of a judge and lawyers failed to show evidence of possible pain from the three-drug method. >> the judge refused to block the execution based on arguments. >> he has not demonstrated he's likely to prevail at this time. applications will restraint order is denied. >> brown convicted in 1982 for the 1980 rape and murder of a riverside teenager, susan jordan. if it goes as scheduled it would be the first california execution since being put on hold in 2006 over a concern about flaws in the injection procedure. >> this is the nature of death penalty litigation. you have a team of lawyers trying to save their client's life and looking for any argument they can possibl

that's where attorneys for the state and condemned inmates michael morales and albert brown are pleading their cases. the attorney general's office wants executions to resume on the 29th for the death of committed murderer and rapist albert brown. >> to push these execution dates i think is unfair, not just to the condemned inmates but those people who really want to know what's happening with the process. >> the state claims the process has changed. just as federal judge jeremy foggiel ordered when he halted executions in 2006. now the execution rooms are bigger and staff is better trained but defense attorneys don't buy it. >> they seem to have the same procedure with the same people doing it. we've been down this road and that's why mr. bruin is upset. >> the federal judge in charge of this case is trying to keep things focussed. he wants the state to let him know by today whether the drugs used from execution can go from the current three down to one. he's expected to make a final ruling friday. in burlingame, lisa amin gulezian, abc 7 news. >>> richmond is the latest bay area city t

albert brown is scheduled to receive a lethal injection one minute past midnight wednesday morning. a victim's rights group citizens against homicide says it's about time. >> truth in sentencing needs to happen. and i think that moving forward so that these families can have some sort of closure is a positive thing. >> it will be california's first execution in nearly five years. a federal judge gave the go-ahead now that prison officials have complied with his order. they built a roomier death chamber and revised how the execution team is selected and trained. >> given that brown's attorneys bear the burden of coming in with evidence that there's about to be an unconstitutional execution, he finds that the evidence is just not there and there's no reason that he can find legally to bar this execution. >> albert brown was convicted of raping and murdering 15-year-old susan jordan of riverside county 30 years ago. brown grabbed her, tied a shoelace around her neck and pulled her into an orange grove. later that night brown called jordan's mother telling her you'll never see your daug

albert brown was convicted of the 1980 rape and murder of a 15-year-old riverside girl. friday a federal judge in san jose cleared the way for brown's execution. >>> lawmakers are starting to take action in the wake of the san bruno explosion and fire. congresswoman jackie speier plans to introduce a bill this morning. calling for stronger regulation of natural gas pipeline. federal investigators are looking into pg&e's handling of the disaster. >>> the navy is looking into a risky act at lake tahoe and as you can see, it is all caught on tape. a tourist captured these pictures last month of two navy choppers hovering over emerald bay. it appears one of the pilots briefly dipped into the water. both pilots have since been grounded. >>> the nation's foremost expert on gasoline says prices have remained flat over the past two weeks. lundberg says the national average is 2.69 a gallon of unleaded. according to the daily survey from the triple-a auto group, 3.05 in oakland. san francisco the most expensive in the nation at 3.13. >>> all right. it is 6:19. cracking down on th

albert brown is asking a federal appeals to halt his execution which is scheduled wednesday. he is refusing to choose a method for lethal injection. dahlin has more. >> a albert brown and his lawyers filed court papers on sunday with the ninth u.s. circuit court of appeals to block his execution. he was convicted of raping and killing a 15 year-old girl. he is scheduled to die at san quentin wednesday morning. he was told he could choose between one drug or three drugs. he did not choose a with retail cocktail will be used. if the appeals court does not block the execution. there's no word on how soon it will release their ruling. it will be california's first execution in five years. >> we will be following that if a judge rules against this day this will be the first digit execution in california in five years. new details on the california budget battle the state could pass a budget as early as today ending a stalemate. lawmakers from both sides have worked feverishly over the weekend to try and find a way to close the $19 billion deficit and we are told they are very clos

albert brown, quien esta detenido en la carcel de san quintin, la persona que enfrentara la pena de muerte el miercoles 29 de septiembre, presento una mocion con el fin de que intervenga el estado para evitar que lo ejecuten con inyeccion letal, argumentando la octava enmienda constitucional que prohibe los castigos crueles e inusuales contra una persona. ---una racha de robos cometidos en las ultimas horas mantiene trabajando a la policia de san francisco.---en total, han sido siete asaltos a mano armada en menos de 24 horas, en diversas calles de la ciudad.---en cinco de los atracos la descripcion de los sospechosos coincide en que, al parecer, se trata de dos hombres hispanos de entre 20 y 30 aÑos.---el motin de los asaltos fueron carteras, tarjetas de credito, dinero en efectivo y telefonos celulares. ---las autoridades piden a los residentes que se mantengan alertas. ---un ex-residente de "redwood city" que era buscado como "persona de interes" en un caso de abuso sexual contra una menor, fue detenido en guatemala.---el individuo, de 37 aÑos, se llama "manuel zetino".---sobreÉl pes

56-year-old convicted murderer and rapist albert greenwood brown appeal to the nine circuit court of a pales for a stay. is he set to be executed 12:01 wednesday. maureen naylor at san quentib with the latest. >> reporter: he is essentially asking a federal appeals court to halt his execution, which is a little less than 48 hours away. the first person in line to be executed in california's newly- renovated death chambers is this man, albert greenwood brown. he was sentenced to die for rape and murdering and this afternoon brown's lawyers filed court papers appealing a judge's ruling yesterday, which allows his execution to move forward. >> i think there is a very good chance that execution may happen on wednesday night. >> reporter: this is a professor of law from santa clara university and says the ninth circuit court of pales will considerate case. >> even if the ninth circuit tries to stop it, the supreme court may intervene and say the execution could go forward. >> reporter: brown declined to meet a deadline to choose between one-drug or three-drug option. >> there are so many

. >>> this week's planned execution of albert brown is now in jeopardy. overnight an appeals court judge weighed in ordering a trial judge to reconsider his ruling that paved the way for california's first execution in nearly five years. right now albert greenwood brown is scheduled to die by lethal injection at 9:00 thursday night. jade hernandez has reaction to this development. >> reporter: there are three drugs used during this execution. one of those drugs is becoming part of a problem that's the sedative. the sedative has an expiration date of this friday, october 1. that date is becoming an obstacle in the execution date. >> the courts have said there is no question that an unanecessary advertised execution is unconstitutional. it comes down to the delivery of the if first drug, the anesthetic, working the way it's supposed to. >> reporter: if the sedative set to expire is not used in the execution rescheduled for thursday, it's likely an execution would not be held until january of next year because the drug's makerred that the drug may not be ava

brown condenado a muerte por la violación y homicidio de una joven. >> un joven fue hallado muerto en su habitacion, de 23 años miembro de una fraternidad. >> los investigadores determinaron que se trató de un suicidio. >> las autoridades del colegio comunitario san josñ advierten a la comunidad que tengan cuidado pues se han registrado dos asaltos sexuales en el campus. la descripcion de los atacantes es diferentes, por lo que se presume que son varios los atacantes. >> se ha detenido a rodrigo vega matta, un hombre que se introdujo a un complejo de viviendas con intencion de robar y violar. >> se puso en evidencia el gran trabajo que realizan los trabajadores ilegales en el país. >> revolucinó el capitolio, bromeando señaló que la solución es dejar de comer frutas y verduras. >> en su programa de television, colbert ya había pasado un día como trabajador agrícola. >> no creen que esta táctica le quite seriedad a su critica. >> el es un comediante pero al mismo tiempo comprende la situación que se produce en el cmapo. >> el problema principal es el problema que enfrentan

albert brown is now asking a federal appeals court, to hold his execution varies and is kron4 dahlin reports, he is refusing to choose a method for lethal injection. >> is the latest attempt to stop the state from executing this man albert brown. his lawyers filed court papers sunday to the ninth u.s. circuit court of appeals, to block his execution. brown was convicted convicted of kidnapping and raping and killing a 15 year-old girl 30 years ago. he is scheduled to diets said quinn early wednesday morning. there's no word on house and the corps will release an opinion. the pill is the execution happens, it will be california's first in nearly five years, and domestic use would be lethal injection. brown was given a choice to choose either one drug or three drugs. he did not choose. so that means that three drug cocktail will be used the appeals court does not block the execution. aside from the appeals court, a brussels lawyer find asked superior court judge monday to block the execution as well, brown has also petitioned gov. schwarzenegger for clemency. in san francisco dahlin kr

but that could change overnight next tuesday with albert brown, convicted of kidnapping, raping and killing a 15-year-old girl in riverside county in 1980. >> they built a new execution chamber. they did that in secret. >> reporter: the aclu says the judge hasn't approved the new death chamber or lethal injection procedures so he should not let the state rush into ruling executions. but in the ruling, the judge found a three-drug combination acceptable, so brown can choose if he wants that or one shot. concerns about lethal injection were first raised by murderer, michael morales, who averted execution. analysts are not sure why the state is pushing executions now. >> i don't think anybody could really predict what's gonna happen on tuesday night. >> reporter: if the execution goes forward, hundreds of protesters will likely gather, the last inmate put together by lethal injection shun was clarence allen in 2006, convicted of the contract killings of three people. >> there's no humane way to strap a human being down to a table and methodically poison them to death. >> reporter: two legal ar

albert brown was supposed to be the first execution in california in more than four years. but the governor has now delayed it to 9:00 p.m. on thursday allowing extra time for all the legal options to be considered. ann notarangelo is at san quentin this evening. >> reporter: hi, julie. the governor stepped in base said albert greenwood brown has a right to exhaust all appeals. right now it's before the ninth circuit court, before essexecuted. but today he did suffer a setback when another judge in marin county said she would not stop his execution. >>> reporter: in marin county, lawyers representing death row inmates argued about a technicality in the death penalty. said the revised lance ito protocol violates a california law on procedures for new regulations. the 56-year-old brown raped and murdered a 15-year-old southern california girl in 1982. judge adams rejected brown's reprieve and directed the case to the ninth circuit court of appeals. >> mr. brown cannot prove that he will suffer pain if he is executed under the current regulations and he has not demonstrated th

well, this week's planned execution of death row inmate albert brown is now in jeopardy. overnight, an appeals court weighed in and ordered the judge to reconsider. jade hernandez is at san quentin right now with more on this. >> reporter: good morning. the state of california has 700 inmates on death row. the first execution to take place in years is now scheduled for thursday night. we're live at san quentin state prison this morning. the execution is contingent on a few things. the 9th court circuit of appeals told the judge he had to reconsider the stay and consider the new lethal injection to the state's former practices. the availability of the drug used had to be considered. the maker of the drug has said another dose of this drug may not be available until january of 2011. the execution would be the first in nearly five years and would be the last until next year. executions have been hold on 2006, when the federal judge in san jose found the lethal injection procedures were flawed which posts a risks of causing extreme pain in violation of the ban on cruel and un

. >> el paso puede dar producto a la ejecución de jeremy brown. >> albert brown que está detenido en la cárcel de st quintin, presentó una moción para evitar que lo ejecuten con inyección letal, argumentando la octava enmienda de la constitución de los estados unidos. >> una racha de robos cometidos en las últimas horas, mantiene ocupada a la policía de san francisco, en total han sido 7 asaltos a mano armada, en cinco de los atracos la descripción concuerda, el botín delos asaltos fueron carteras, celulares. >> un ex reo de redwood city fue detenido en guatl, perdón guatemala, el presunto abusador del año 2007, y si su víctima una pequeña de 12 años. >> hoy en chihuahua fue atacado a tiros el alcalde electo de gran morelos, mientras tanto otro alcalde fue asesinado el día de ayer. >> estas son las imágenes del hoy difunto alcalde del municipio de nuevo león, asesinado anoche a las 9 y 30, la muerte de este alcalde representa la cuarta muerte en menos de dos meses, de representantes de gobierno municipal. >> cuando un grupo de desconocidos a plena luz del día se int

albert greenwood brown's fate is now in the hands of the federal appeals court. he is seeking a stay of execution, challenging, among other things the drugs used for the execution. kimberly terry is at san quinten tonight with the latest for us. >> reporter: while albert greenwood brown awaits his fate here, his attorneys are working very hard to try to push back his execution, still set for one minute after midnight wednesday. in a last-minute attempt to halt his execution, attorneys for albert greenwood brown are appeal ogg to the ninth circuit court of appeals. 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 qui

but that could change overnight next tuesday with albert brown, convicted of kidnapping, raping and killing a 15-year-old girl in riverside county in 1980. >> they built a new execution chamber. they did that in secret. >> reporter: the aclu says the judge hasn't approved the new death chamber or lethal injection procedures so he should not let the state rush into ruling executions. but in the ruling, the judge found a three-drug combination acceptable, so brown can choose if he wants that or one shot. concerns about lethal injection were first raised by murderer, michael morales, who averted execution. analysts are not sure why the state is pushing executions now. >> i don't think anybody could really predict what's gonna happen on tuesday night. >> reporter: if the execution goes forward, hundreds of protesters will likely gather, the last inmate put together by lethal injection shun was clarence allen in 2006, convicted of the contract killings of three people. >> there's no humane way to strap a human being down to a table and methodically poison them to death. >> reporter: two legal ar

albert brown is scheduled to be put to death. a judge halted his execution saying that the state's lethal injection method caused great physical pain. but in his ruling yesterday, the judge decided to give death row convicts a choice. he can chose a less risking one shot or the three drug cocktail. >>> the time is 10:06. a family of three killed in that san bruno pipeline explosion are being remembered as kind, gentle people. they're survived by his wife and daughter. both were away from the home during the blast two weeksing ago. >>> uc berkley grad who was recently freed from and iranian prison said that her meeting with iran's president was very personal. >> it will he was gracious and happy to meet my mother and he asked us many questions about our family and her grandmother. and we talked about my fiance. >> sure are a and her mother med with the president yesterday in new york. the iranian leader was there speaking to the united nations. shourd asked him to help push for the release of her fiance and their friend. they've b

this is the man facing the death penalty convicted murderer and rapist albert brown, meantime roof of a loaf cordis hathis is the firstn early fog years. the judge needs to schedule a new hearing and time is of the essence. one of the three drugs used a lethal injection process will reach its expiration date on friday. and the maker of the drug says it will not have more of it until next year. >> new details on the zebra or gas line explosion and dsp, is investigating the failure and an important piece of equipment. pg&e crews have been working looking for, congressman jack needs your visit to this bit seen yesterday, says the steps pg&e took may have affected the utility's ability to regulate the pressure in the pipeline. >> the explosion is taking funds and at the u.s. said on capitol here terror senator dianne feinstein will be the first testified. before the commerce committee. the white house is supporting more inspections of natural gas lines. >> take a look now decision 20 tend ms. whitman and brown face off today in their first debate held out uc-davis. according to the latest

a federal judge will decide by friday whether the state can execute albert brown. brown was convicted of the 1980 rape and murder of a 15- year-old girl in riverside county. >>> officials at san quentin say the state's refurbished death chamber will be ready for a planned execution next wings if the judge lifts the moratorium on capital punishment. it was implemented after a judge said the state's lethal injection method caused great physical pain. >>> for the first time we are getting a look inside the new execution chamber. it sits just outside death row in a single story structure. the inside is four times bigger than the old gas chamber and according to prison officials more efficient. >>> a south bay teenager is under arrest for a suspected drunk driving crash that killed his friend who was riding with him. that crash was early yesterday morning. an suv slammed into a pole and caught fire on almaden expressway at o'grady drive in south san jose. 18-year-old rochon riveri was trapped in the burning car and died. more than 200 people gathered last night for a me

although he has albert brown hasn't proven there's a risk he'll suffer extreme pain during his death, it appears as he's raised substantial questions of fact. in the meantime, brown will remain alive. >> the plans brought protesters. this is just one of several demonstrations across the state. california has been in debate. the debate is whether it's humane. >>> and now to decision 2010. and the first debate between the candidates for california governor. this was the scene from the uc davis campus as republican meg whitman and democrat jerry brown scare square -- squared off tonight. they traded blows on a range of issues. but mainly, the debate focused on the candidates' different stances on how to fix the state's economic woes. >> and i would start by example. i would say i will cut 15 to 20% out of the governor's office, and i'll say to the legislature it's your turn next. i'd like to see you get 15 or 20%. then we start with the agencies and go from them. i've done eight budgets. i know how to do it. i have the will power, i have the independence, and i know a lot of things like

. >>> tomorrow's scheduled execution for albert brown was put on hold to determine whether the state's new injection procedures removed a prolonged and painful death. this could prevent further executions in california until early next year due to nationwide sortages of a key drug needed for injections. >>> in co llombia, spectators jumped into a bull ring and several peopleere georged by the bull. >> and now here's a look at how wall street will kick off the day. the dow take a look at overseas trading in tokyo, the nikkei add 63 points while the hang seng climbed 268. >>> wall street was off to a rocky start, but a laterally helped wall street close mostly higher yesterday. there was an early sell-off, despite a somewhat upbeat report on housing prices. invstors reacted to an industry survey that found ceos aren't exactly optimistic about a short-term recovery in sales or staffing. uncertainty in stocks drove the price of gold to a fresh high, about $1300 an ounce for the first time will. strong earnings from wall greens easily beat analyst estimates. another corrate deal adding to i

then at 5:00, in ma lynn county, they just denied a request for albert brown to stop his execution early wednesday morning. at 5:00 we'll look at chances for appeal on that front. also, it's bound to be an intense debate in the east bay, on the job that california teachers are doing. we'll have those stories and more later today at 5:00. >> let's see if it's going to be much of a difference in terms of heat. >> probably won't be a record but it's going to be hot tomorrow. for most part wednesday, away from the coast. then we'll start to see cooling around the bay and inland areas on saturday and sunday. mid-80s is still warm. it will be the hundreds we're dealing with today. >> mike, thanks. >> that is going to do it for us. >> "who wants to be a

the governor pushes back albert greenwood brown's date until thursday. today in the bay's christie smith is live with what was behind this delay. >> reporter: good morning. the governor gave brown more time for appeals and issued a statement saying the reprieve was needed because a state court injunction against executions won't even expire until thursday. 56-year-old albert greenwood brown was convicted of raping and murdering a 15-year-old girl in riverside in southern california in 1980. governor schwarzenegger delayed the execution by 45 hours to consider also a clemency request. it was originally scheduled for 12:01 a.m. wednesday. there is another twist in all of this. the department of creeks now saying that this execution if it happens may be the last at least until it can get a new supply of the drug needed. the manufacturer say they may not even be available until early next year. live in san quentin, christie smith, today in the bay. >> strange to talk about, but california is not the only state running low on chemicals. scott continues our co

albert brown is scheduled to die 12:01 wednesday morning for abducting and raping a riverside girl 30 years ago. here's more. >> reporter: two things happened today. the pedestrian the anyone circuit and brown's failure to choose the method in which to be executed. his attorney called such a choice unconstitutionally medieval. brown is convicted of kidnap, raping, and killing a 15-year-old girl 30 years ago. a federal judge has given brown the option of a three-drug cocktail, which raises question whether it causes pain 0, a heavy dose of sodium pentothal that supposedly carries less recollection of pain. brown set missed the noon dead will line to make the decision so the three-drug cocktail will be used. brown appealed to the nine circuit. but if the higher court decides not to step in, brown is scheduled to die 12:01 wednesday morning. >> whose going on here is that the lawyers are considering whether they can make an argument that it is crowell -- cruel and unusual punishment to require a man to choose the manner of his death, and they're thinking as long as the congratulations al

that's when albert greenwood brown is expected to be executed for the killing of a 15-year-old river side county girl in 1980. ktvu's rob roth is at san quentin now with that report. >> reporter: here blind these gates at san quentin -- here behind these gates at san quentin are being allowed to see the new chamber. the new chamber is about five times larger than the previous one. here is a side by side comparison, the new chamber is what used to be a visitor center. it is here that albert greenwood brown is scheduled to die at one minute past midnight a week from tomorrow. it would be the first execution in california in almost five years. >> we're following the regulations to the t. >> we're preparing for an execution. we're preparing to facilitate one next week. >> reporter: the chamber room is clinical looking with bare white walls. the new facility has a larger viewing area with separate sections each for relatives of the victims and guest of the condemned. before witnesses and relatives were crammed into one room. >> it's night and day. much larger. >> reporter: in the drug inf

then at 5:00, in ma lynn county, they just denied a request for albert brown to stop his execution early wednesday morning. at 5:00 we'll look at chances for appeal on that front. also, it's bound to be an intense debate in the east bay, on the job that california teachers are doing. we'll have those stories and more later today at 5:00. >> let's see if it's going to be much of a difference in terms of heat. >> probably won't be a record but it's going to be hot tomorrow. for most part wednesday, away from the coast. then we'll start to see cooling around the bay and inland areas on saturday and sunday. mid-80s is still warm. it will be the hundreds we're dealing with today. >> mike, thanks. >> that is going to do it for us. >> "who wants to be a