State authorities responded that they were unaware of any devices that were easily obtainable and effective in monitoring consciousness. However, they said, San Quentin State Prison Warden Steven Ornoski could monitor Morales inside the execution chamber.
It was not clear whether Ornoski's credentials met Fogel's call for a qualified individual with formal training in anesthesiology.
Fogel's ruling appeared to place Morales' fate in the hands of Gov. Arnold Schwarzenegger, who is reviewing Morales' plea for clemency.
On Tuesday, former Whitewater independent counsel Kenneth W. Starr urged Schwarzenegger to focus on the facts of the case in weighing whether to spare Morales' life, and not on the allegedly fake jurors' affidavits recently submitted in support of his bid for clemency.
The defense legal team, which Starr joined 20 days ago, has withdrawn the questionable affidavits generated by defense investigator Kathleen Culhane, who has been released from the case. It also has launched an investigation into the disputed documents.