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Legal maneuverings continue in case of California death row inmate

By the CNN Wire Staff
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Appeal filed for death row inmate
  • If it proceeds, Albert Greenwood Brown's execution will be first since lethal injection review
  • Brown refuses to choose between single injection or three-drug cocktail
  • He was sentenced to death in 1982 for the rape and murder of 15-year-old Susan Jordan

Read more about this story from CNN affiliate KTVU.

(CNN) -- Lawyers for a California death row inmate plan to ask a Marin County Superior court judge Monday to block his execution.

If the execution proceeds as scheduled on Wednesday, Albert Greenwood Brown could become the first person to be executed in California since 2006, when legal challenges arose and prompted the state to revise its lethal injection procedure.

He could also become the first inmate to be put to death in California's new lethal injection chamber.

On Sunday, Brown's lawyers filed papers appealing a federal court judge's refusal to block his execution.

Brown also refused to choose between a one-drug lethal injection or a three-drug cocktail, CNN affiliate KTVU said.

Video: California inmate scheduled to die

His refusal meant the state will use a cocktail made of three drugs if the execution goes forward.

Brown was sentenced to death in 1982 for the rape and murder of Susan Jordan, who was walking to Arlington High School in Riverside, California, when Brown pulled her into an orange grove, according to court documents.

He raped and strangled her with her own shoelace and took her school identification cards and books.

Later that evening, Brown looked up her family in the phone book and called their home, the documents state.

"Hello, Mrs. Jordan, Susie isn't home from school yet, is she?" court documents quoted him as saying. "You will never see your daughter again. You can find her body on the corner of Victoria and Gibson."

He also placed a call to police directing them to her body. During the investigation, three witnesses identified Brown as being near the scene of the crime. Police also found Susan's school books and newspaper articles about her death in Brown's home, and clothing with semen stains in Brown's work locker.

During the penalty phase of Brown's trial, his lawyer presented psychiatric evidence suggesting that he had emotional problems, including sexual maladjustment and dysfunction, and claimed he was remorseful.

The jury deliberated for three hours before returning a death verdict, according to an opinion issued September 19 by the Ninth Circuit Court of Appeals.

California's last execution was on January 17, 2006, when Clarence Ray Allen was put to death for three counts of first-degree murder with special circumstances. From behind bars, he had helped orchestrate a deadly armed robbery at a convenience store.

CNN's Chuck Johnston and Emanuella Grinberg contributed to this report.