Wednesday, 01 August 2007 01:47

Governor’s Request for on Prison Panel Denied

slide8California is now one step closer to seeing inmate population caps mandated by the Federal Government. Gov. Arnold Schwarzenegger’s request for a stay in the creation of a special three-judge panel to consider possible population caps for prisons ordered by the feds has been denied. U.S. District Judges Thelton Henderson of San Francisco and Lawrence Karlton of Sacramento, the very same two judges who called for the creation of the panel - yesterday rejected Schwarzenegger's request for that stay.

slide32 In their written rulings both judges stated that prisoners would suffer from a delay and also that orders for convening the panel could not be appealed under court rules. Henderson, who is overseeing a lawsuit challenging prison health care, wrote, "As this court has repeatedly stated, the inadequacies in California's delivery of medical health care to prison inmates literally presents a matter of life and death." Schwarzenegger spokesman Bill Maile said the governor intends to press on by taking the request for a stay to the 9th U.S. Circuit Court of Appeals in San Francisco. Maile said asking the two district judges for a stay was a required first step. He said, "Now that we have taken that procedural step, we intend to seek a stay at the appellate level."/KCRA contributed to this story