Appeals court denies stay of execution

The Associated Press • Published September 07, 2010

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A three-judge panel of the 9th U.S. Circuit Court of Appeals has denied a death row inmate's request for an emergency stay of his execution.

Cal Coburn Brown is scheduled to be executed Friday for the 1991 torture and murder of 22-year-old Holly Washa, a Burien woman. He is challenging the state’s new one-drug protocol for lethal injection, as well as the state Department of Corrections’ authority to obtain that drug and the qualifications of the execution team.

The three-judge panel rejected his request for a stay in a 2-1 decision Saturday. Attorneys for Brown could now ask the full court to review the case or appeal to the U.S. Supreme Court.

Brown’s attorney, Suzanne Lee Elliot, did not immediately respond to a request for comment.

Brown was convicted of carjacking Washa at knifepoint near Seattle-Tacoma International Airport. He robbed, raped and tortured the young woman before stabbing and strangling her.

Brown also is seeking an emergency stay from the Washington State Supreme Court, arguing his death sentence should be reversed because information related to his mental illness was not adequately considered during sentencing. Brown reportedly suffers from bipolar disorder.

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