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Inmate asks federal court to halt execution

In this June 2007 photo released by the California Department of Corrections is condemned inmate Albert Greenwood Brown. (California Department of Corrections)

September 26, 2010 12:00:00 AM PDT
A California death row inmate asked a federal appeals court to halt his execution, refusing to choose his execution method.Albert Greenwood Brown's lawyers filed papers on Sunday to appeal a federal court judge's refusal to block his execution, which is scheduled or Wednesday.

Brown was given a Sunday noon deadline to choose between a one-drug lethal injection or execution by a three-drug cocktail, but he declined to choose.

Brown's refusal to choose his execution method means that the three-drug cocktail will be used if his execution is not blocked. His execution will be California's first one in nearly five years.

He was sentenced to death for the 1980 rape and murder of 15-year-old Susan Jordan in Riverside. He had been paroled four months earlier from a prison term imposed for the 1977 rape of a 14-year-old girl.

Brown also plans Monday to ask a Marin County Superior Court judge to block his execution while a recently filed lawsuit challenging the state's lethal injection regulations is pending.

The Associated Press contributed to this report.