SAN FRANCISCO - Earlier this year, the U.S. Supreme Court rejected Robert Fairbank's appeal of his death sentence for the 1985 rape and murder of college student Wendy Cheek.
With that rejection, Fairbank joined at least 13 other death row inmates who have completed the decades-long capital punishment appeals process and are eligible for execution.
Nonetheless, none of the 14 death row inmates who have "exhausted" their appeals will receive a lethal injection any time soon - even though 53 percent of the California electorate reinforced its support of the death penalty with the rejection of Proposition 34 on Nov. 6.
In this Sept. 21, 2010 file photo, the death chamber of the new lethal injection facility at San Quentin State Prison in San Quentin, Calif. Earlier this year, the U.S. Supreme Court rejected Robert Fairbanks' appeal of his death sentence for the 1985 rape and murder of college student Wendy Cheek. With that rejection, Fairbanks joined at least 14 other death row inmates who have 'exhausted' their appeals to state and federal courts and are eligible for execution.
Lawsuits in federal and state courts have halted executions since January 2006 and it will take months, maybe years, to resolve the litigation. Judges have ordered a halt to executions and lawyers with the state's attorney general's office have promised not to pursue any executions until the cases are resolved.
Still, a growing number of prosecutors, law enforcement officials and capital punishment proponents are pushing for the quick resumption of execution, citing the defeat of Proposition 34 as a mandate from the voters. They're calling for an end-run around the legal hang ups, calling for the scrapping of the three-drug lethal injection at the center of the litigation and replacing it with a single-drug execution.
Six other states have already abandoned the three-drug process and adopted the single-drug execution.
In recent months, Los Angeles County District Attorney Steve Cooley and San Mateo County District Attorney Steve Wagstaffe have formally asked local judges for death warrants for three death row inmates and an order to execute them with a single, lethal dose of pentobarbital, a drug previously used to euthanize animals.
But a Los Angeles judge rejected Cooley's motion and Wagstaffe is expecting the same treatment in San Mateo Superior Court, conceding his legal maneuver to have Fairbank's executed soon is more symbolic than realistic.
"I am simply trying to get the system moving," Wagstaffe said. "I'm trying to shake the tree a little bit to get people to pay attention. He does deserve death for what he did to Wendy Cheek."