Stay of execution denied for ailing man-Judge says decisions affecting clemency bid up to governor

San Francisco Chronicle ^ | 12/17/5 | Cicero Estrella

[SmithL]

A federal judge in San Francisco rejected a stay of execution Friday for a 75-year-old man who is scheduled to be executed next month at San Quentin State Prison.

Clarence Ray Allen had asked for the stay so he could be treated for a number of ailments, which would help him prepare for a clemency petition with Gov. Arnold Schwarzenegger, said his attorney Michael Satris.

In his federal lawsuit, Allen said laser eye surgery would allow him to participate in tests that would determine if he suffers from organic brain damage. His lawyers say Allen is legally blind.

In addition, Satris said, Allen needs more time to consult with his lawyers on his clemency petition. Allen has been unavailable because he's been moved from prison to prison since suffering a heart attack Sept. 2, Satris said.

In his decision, U.S. District Judge Jeffrey White said Schwarzenegger should be the one to decide if Allen's ill health could be a factor in his bid for clemency.

"There is no question that plaintiff is old and infirm," White wrote.

[SmithL]

There is some good news for Allen: He gets the Senior Discount for his last meal.

[samtheman]

A good lethal injection will cure whatever ails him.

[Last Dakotan]

You get the impression they are just lining up these cases to make Schwarzenegger look bad.

[Neville72]

He's on his last leg anyway. Finish him off.

[gondramB]

First the overturned $10 billion "light " cigarette decision and now this - it would be nice to think this is the start of a trend toward judges respecteing limits.

[toddrundgrenisgod]

laser eye surgery would allow him to participate in tests that would determine if he suffers from organic brain damage.

LOL!

Just kill him.

[ncountylee]

And a free ride on the Tookie Express, proposed name for the gurney to hell.

[Brilliant]

Isn't this the guy who ordered the murder of three witnesses against him while he was in jail?

Speaks for itself, if you ask me.

[RVN Airplane Driver]

Can you imagine the Chinese reading about this.....sheesh what kind of fools have we become? I suspect he is already hooked up to IV's....just change the medicine..save everyone time and money.

[JRios1968]

the Tookie Express, proposed name for the gurney to hell

I Like It!!!

[Brilliant]

It's kinda hard to "look bad" when you're ordering the execution of a guy who did this:

Allen... was sentenced to death for hiring a hit man to kill three people in Fresno in 1980 while he was in prison for another murder.

Even after they sent him to jail, he continued to kill.

[IronJack]

Let's set up an appointment for him with Jack Kevorkian.

[reformed_dem]

Put him out of his misery already.

[Mr. Blonde]

The Germans couldn't believe Americans wanted Patton kicked out of the army for slapping cowards. So we have been in a similar position for some time.

[pabianice]

Gee. Not one word about who he killed...

[Nothometoday]

Too funny :)

[Frank_2001]

Wonder if the Hollyweirdos and Je$$e Jacka$$ will be out in force protesting?/s

[BenLurkin]

bttt

[CAWats]

[CAWats]

Allen, who is from Fresno, was convicted in 1982 of masterminding three Central Valley murders while incarcerated at California State Prison, Folsom. A Glenn County jury found him guilty of three counts of first-degree murder with special circumstances and one county of conspiracy to murder in the slayings of 27-year-old Bryon Schletzwitz, 17-year-old Josephine Rocha, and 18-year-old Douglas White. The three were killed for either testifying or agreeing to testifying against Allen in the case that put him in Folsom. There he was serving a life term for murdering 17-year-old Mary Sue Kitts in 1974 because she knew of his involvement in a burglary. Allen has been on San Quentin's Death Row for 23 years.