Michael Morales
Encyclopedia
Michael Angelo Morales (born October 17, 1959) is a convicted murderer who was scheduled to be executed by the State of California
at 7:30 p.m. on February 21, 2006. Two hours before the scheduled execution, the State of California notified the 9th Circuit Court of Appeals that they could not comply with a lower federal judge's ruling that the execution must be carried out by a medical professional due to the chemical used in the execution. Consequently, California has indefinitely suspended Morales' execution. The case subsequently led to a moratorium
on capital punishment in California entirely, as the only legal method of execution must be carried out with the participation of a licensed physician
, who are ethically prohibited from participating in executions.
with Richard Ortega, a cousin of Morales, and another man. Ortega hired Morales to kill Winchell so that Ortega could have exclusive relations with his male lover. According to prosecutors, Morales attacked Winchell from behind and tried to strangle her with his belt. Morales then hit her head with a hammer, beating her into unconsciousness
, and crushing the victim's skull
. Morales then dragged Winchell face-down across the road and into a vineyard, where he rape
d her and stabbed her four times in the chest. Winchell died from both the head and chest wounds.
at the time, the murder does not qualify for the "special circumstances" required against California state law for the death penalty. Morales' defense argued that the crime was not premeditated, despite the fact that he had told Ortega that he would defend him. The prosecution countered with evidence
showing that Morales gathered tools before the encounter, practiced strangulation on two female acquaintances, and confessed to an informant while in jail.
Charles McGrath, the judge who originally sentenced Morales to execution, has announced that he has had a change of heart in the case. He now says he now doubts the testimony
of an informant against Morales. Notably, the informant claimed that Morales confessed to him in Spanish
, a language Morales does not speak. McGrath asked Gov. Arnold Schwarzenegger
to grant Morales clemency under state law. In addition, Morales has claimed that he has found God in prison, and regrets the crime that he committed.
In early 2006, lead defense attorney David Senior hired former Whitewater
special prosecutor
Kenneth Starr
to be one of Morales' attorneys on the appeal
s. Immediately prior to Morales' execution date, Senior filed papers claiming that five out of the 12 jurors had doubts about sentencing him to death. However, prosecutors alleged that the documents were forgeries
, and accused investigator and anti-death penalty activist Kathleen Culhane of falsifying the documents. Senior and his team soon withdrew the documents. Ultimately, clemency was denied, but the falsified documents were not used in the rationale. Eventually, Culhane was criminally charged with forging the documents and, under a plea agreement, was sentenced to five years in prison. At her sentencing hearing, Culhane refused to express remorse to the State of California, stating her acts were crimes of conscience against Morales' execution and the death penalty.
s withdrawing from the procedure. This is the first death row inmate extant since a judge ruled that the current combination of drugs may cause severe pain, as corroborated by an April 2005 study published in the British medical journal, The Lancet
. The doctors cited ethical reasons for the decision to withdraw. They had been ordered by the court to intervene in the event Morales woke up or appeared to be in pain. Since both doctors withdrew, California planned to overdose Morales on intravenous barbiturate
s, the only other option allowed by the court.
The judge further ruled that the barbiturates could only be administered by a "licensed medical professional," meaning a doctor, nurse or other medical technician legally authorized to administer I.V. medications. Since all such medical personnel are bound by professional ethics against performing an execution, this ruling virtually assured that the execution could not take place. Having failed to find a medical professional willing to carry out the execution, California decided it could not comply with the judge's decision and would allow the death warrant to lapse. The death warrant will now have to be re-issued by the original trial judge, Charles McGrath, who has indicated that he no longer believes testimony from the 1982 trial and asked for clemency for Morales.
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
at 7:30 p.m. on February 21, 2006. Two hours before the scheduled execution, the State of California notified the 9th Circuit Court of Appeals that they could not comply with a lower federal judge's ruling that the execution must be carried out by a medical professional due to the chemical used in the execution. Consequently, California has indefinitely suspended Morales' execution. The case subsequently led to a moratorium
Moratorium (law)
A moratorium is a delay or suspension of an activity or a law. In a legal context, it may refer to the temporary suspension of a law to allow a legal challenge to be carried out....
on capital punishment in California entirely, as the only legal method of execution must be carried out with the participation of a licensed physician
Participation of medical professionals in American executions
Participation of medical professionals in American executions is a controversial topic, due to its moral and legal implications. The practice is proscribed by the American Medical Association, as defined in its Code of Medical Ethics...
, who are ethically prohibited from participating in executions.
Death of Terri Winchell
Michael Morales was convicted of murdering 17-year-old Terri Winchell on January 8, 1981. Winchell was in a love triangleLove triangle
A love triangle is usually a romantic relationship involving three people. While it can refer to two people independently romantically linked with a third, it usually implies that each of the three people has some kind of relationship to the other two...
with Richard Ortega, a cousin of Morales, and another man. Ortega hired Morales to kill Winchell so that Ortega could have exclusive relations with his male lover. According to prosecutors, Morales attacked Winchell from behind and tried to strangle her with his belt. Morales then hit her head with a hammer, beating her into unconsciousness
Unconsciousness
Unconsciousness is the condition of being not conscious—in a mental state that involves complete or near-complete lack of responsiveness to people and other environmental stimuli. Being in a comatose state or coma is a type of unconsciousness. Fainting due to a drop in blood pressure and a...
, and crushing the victim's skull
Human skull
The human skull is a bony structure, skeleton, that is in the human head and which supports the structures of the face and forms a cavity for the brain.In humans, the adult skull is normally made up of 22 bones...
. Morales then dragged Winchell face-down across the road and into a vineyard, where he rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
d her and stabbed her four times in the chest. Winchell died from both the head and chest wounds.
Trial and appeals
Morales has not denied that he committed the crime. His defense team argued, however, that since he was high on PCPPhencyclidine
Phencyclidine , commonly initialized as PCP and known colloquially as angel dust, is a recreational dissociative drug...
at the time, the murder does not qualify for the "special circumstances" required against California state law for the death penalty. Morales' defense argued that the crime was not premeditated, despite the fact that he had told Ortega that he would defend him. The prosecution countered with evidence
Evidence
Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either presumed to be true, or were themselves proven via evidence, to demonstrate an assertion's truth...
showing that Morales gathered tools before the encounter, practiced strangulation on two female acquaintances, and confessed to an informant while in jail.
Charles McGrath, the judge who originally sentenced Morales to execution, has announced that he has had a change of heart in the case. He now says he now doubts the testimony
Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. All testimonies should be well thought out and truthful. It was the custom in Ancient Rome for the men to place their right hand on a Bible when taking an oath...
of an informant against Morales. Notably, the informant claimed that Morales confessed to him in Spanish
Spanish language
Spanish , also known as Castilian , is a Romance language in the Ibero-Romance group that evolved from several languages and dialects in central-northern Iberia around the 9th century and gradually spread with the expansion of the Kingdom of Castile into central and southern Iberia during the...
, a language Morales does not speak. McGrath asked Gov. Arnold Schwarzenegger
Arnold Schwarzenegger
Arnold Alois Schwarzenegger is an Austrian-American former professional bodybuilder, actor, businessman, investor, and politician. Schwarzenegger served as the 38th Governor of California from 2003 until 2011....
to grant Morales clemency under state law. In addition, Morales has claimed that he has found God in prison, and regrets the crime that he committed.
In early 2006, lead defense attorney David Senior hired former Whitewater
Whitewater controversy
The Whitewater controversy was an American politics controversy that began with the real estate investments of Bill and Hillary Clinton and their associates, Jim and Susan McDougal in the Whitewater Development Corporation, a failed business venture in the 1970s and 1980s.A New York...
special prosecutor
Special prosecutor
A special prosecutor generally is a lawyer from outside the government appointed by an attorney general or, in the United States, by Congress to investigate a government official for misconduct while in office. A reasoning for such an appointment is that the governmental branch or agency may have...
Kenneth Starr
Kenneth Starr
Kenneth Winston "Ken" Starr is an American lawyer and educational administrator who has also been a federal judge. He is best known for his investigation of figures during the Clinton administration....
to be one of Morales' attorneys on the appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
s. Immediately prior to Morales' execution date, Senior filed papers claiming that five out of the 12 jurors had doubts about sentencing him to death. However, prosecutors alleged that the documents were forgeries
Forgery
Forgery is the process of making, adapting, or imitating objects, statistics, or documents with the intent to deceive. Copies, studio replicas, and reproductions are not considered forgeries, though they may later become forgeries through knowing and willful misrepresentations. Forging money or...
, and accused investigator and anti-death penalty activist Kathleen Culhane of falsifying the documents. Senior and his team soon withdrew the documents. Ultimately, clemency was denied, but the falsified documents were not used in the rationale. Eventually, Culhane was criminally charged with forging the documents and, under a plea agreement, was sentenced to five years in prison. At her sentencing hearing, Culhane refused to express remorse to the State of California, stating her acts were crimes of conscience against Morales' execution and the death penalty.
Postponed execution
Morales' original execution date of February 21, 2006, was postponed as a result of two court-appointed anesthesiologistAnesthesiologist
An anesthesiologist or anaesthetist is a physician trained in anesthesia and peri-operative medicine....
s withdrawing from the procedure. This is the first death row inmate extant since a judge ruled that the current combination of drugs may cause severe pain, as corroborated by an April 2005 study published in the British medical journal, The Lancet
The Lancet
The Lancet is a weekly peer-reviewed general medical journal. It is one of the world's best known, oldest, and most respected general medical journals...
. The doctors cited ethical reasons for the decision to withdraw. They had been ordered by the court to intervene in the event Morales woke up or appeared to be in pain. Since both doctors withdrew, California planned to overdose Morales on intravenous barbiturate
Barbiturate
Barbiturates are drugs that act as central nervous system depressants, and can therefore produce a wide spectrum of effects, from mild sedation to total anesthesia. They are also effective as anxiolytics, as hypnotics, and as anticonvulsants...
s, the only other option allowed by the court.
The judge further ruled that the barbiturates could only be administered by a "licensed medical professional," meaning a doctor, nurse or other medical technician legally authorized to administer I.V. medications. Since all such medical personnel are bound by professional ethics against performing an execution, this ruling virtually assured that the execution could not take place. Having failed to find a medical professional willing to carry out the execution, California decided it could not comply with the judge's decision and would allow the death warrant to lapse. The death warrant will now have to be re-issued by the original trial judge, Charles McGrath, who has indicated that he no longer believes testimony from the 1982 trial and asked for clemency for Morales.