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If the execution proceeds as scheduled on Wednesday, Brown could become the first person to be executed in California in nearly five years, ever since legal challenges arose prompting the state to revise its lethal injection procedure. And, if the execution goes forward, he'll also be the first inmate to be put to death in California's new lethal injection chamber, which was modified to meet requirements to come out of the review. If, however, Brown elects to be executed by a single injection of sodium thiopental and the state refuses, a stay of his execution will be ordered, U.S. District Judge Jerry Fogel wrote in a decision issued today. Fogel noted that present litigation had nothing to do with "the wisdom or morality of the death penalty" but rather, the limited legal issue of whether the 56-year-old was entitled to a stay of execution.