A FEDERAL JUDGE AGREED ON THURSDAY TO A FIVE-MONTH DELAY IN HEARING A CASE THAT COULD HELP SHAPE THE FUTURE OF CAPITAL PUNISHMENT IN THE UNITED STATES, ACCORDING TO REUTERS. CONDEMNED CALIFORNIA KILLER MICHAEL MORALES HAS ARGUED THAT LETHAL INJECTION -- THE PROCEDURE USED FOR EXECUTIONS IN 37 U.S. STATES -- IS UNCONSTITUTIONAL BECAUSE IT IS CRUEL AND UNUSUAL. MORALES WAS SPARED EXECUTION IN FEBRUARY AFTER SAN QUENTIN PRISON OFFICIALS COULD NOT COMPLY WITH JUDGE JEREMY FOGEL'S ORDER THAT TWO ANESTHESIOLOGISTS BE PRESENT TO ASSURE THE PRISONER DID NOT SUFFER UNDUE PAIN. THE DELAY IN THE MORALES HEARING WILL ALSO LIKELY PUT OFF THE EXECUTION OF ANY OF CALIFORNIA'S 647 OTHER CONDEMNED INMATES UNTIL THE CASE IS RESOLVED. FOGEL, WHO LAST MONTH TOURED SAN QUENTIN PRISON'S DEATH CHAMBER TO INQUIRE HOW CALIFORNIA EXECUTES ITS CONDEMNED INMATES, WAS TO REVIEW THE ISSUE IN AN EVIDENTIARY HEARING NEXT TUESDAY AND WEDNESDAY, BUT AGREED TO A FOUR-DAY HEARING STARTING ON SEPT. 19. "DESPITE THE EFFORTS OF THE PARTIES, DISCOVERY IS NOT COMPLETE," FOGEL, A JUDGE FOR THE U.S. DISTRICT COURT FOR NORTHERN CALIFORNIA IN SAN JOSE, SAID IN HIS ORDER. --MORE 0010 Local Time 2110 GMT
