SALEM -- The execution of death row inmate Gary Haugen will proceed, despite Governor John Kitzhaber's reprieve, a judge has determined.
Judge Timothy Alexander issued the ruling Friday afternoon on the hearing that was held July 24.
Haugen wants to proceed to the death sentence he was given five years ago, when he was convicted of the 2003 murder of a fellow inmate. Haugen at the time was serving a life sentence for a 1981 murder.
Oregon has executed two people since voters reinstated the death penalty in 1984. Governor Kitzhaber has said there would be no executions as long as he is governor.
Alexander concluded that Haugen has the right to reject the reprieve of his execution, and without Haugen's acceptance that reprieve is deemed ineffective.
Haugen appeared in court but was not allowed to speak. The judge heard arguments from attorneys.
Alexander said that since both parties had agreed his ruling would control the next step in the criminal case, a hearing will set up an execution date as soon as this decision is final.
Background: Killer Haugen says execution reprieve illegal
"We are confident that the Governor's authority will be upheld," spokeswoman Amy Wojcicki told KGW Friday. "We are currently reviewing the decision and will likely appeal."