Posted on 12/17/2005 6:57:50 PM PST by Former Military Chick
SAN FRANCISCO A federal judge has rejected California's oldest and most infirm death row inmate's petition to block or postpone his January 17th execution.
Lawyers for 75-year-old Clarence Ray Allen say he is too sick to help adequately prepare a clemency petition for Governor Arnold Schwarzenegger. They also blame Allen's maladies on shoddy health care at San Quentin State Prison.
Allen suffered a heart attack in September, is nearly deaf and blind, and uses a wheelchair.
U-S District Judge Jeffrey White, in a decision made public today, said Allen should inform Schwarzenegger of his concerns and leave the judge out of it.
On Tuesday, Allen's lawyers asked the governor for mercy, saying executing the frail man would serve no purpose.
Allen was already in prison for murder when he hired a hit man to kill three people at a Fresno market because he feared their testimony would hurt his chances for an appeal. He was sentenced to death.
In 1974, Clarence Ray Allen planned a burglary of Frans Market in Fresno, California and solicited the involvement of two men who worked for him at his security guard business. Allen also arranged the help of a young woman to get the keys to the store and its burglar alarm from Bryon Schletewitz, son of the market owner.
Following the burglary and after stolen money orders were cashed, the young woman told Schletewitz it was Allen who had robbed the market. Schletewitz confronted Allens son, who denied it, and Allen himself also denied it. Allen said that something would have to be done to the young woman and he arranged her death. Allen was arrested. He was convicted of burglary, first-degree murder and conspiracy and sent to prison to serve a life sentence on March 16, 1978.
He was incarcerated at Folsom State Prison and knew Billie Ray Hamilton in prison. While in prison, Allen plotted to kill the people who had informed on him and gotten him prison time.
Three days after Hamilton was paroled, he was picked up by Allens son at the bus station where he also asked for weapons to carry out the crimes.
On Sept. 4, 1980, Hamilton and his girlfriend, Connie Barbow, went to Frans Market and purchased some meat from Joe Rias. Rias went into the storeroom with Douglas White. Since it was after the markets closing time, the front door was locked. Bryon Schletewitz and Josephine Rocha came into the storeroom followed by Hamilton who was holding a sawed-off shotgun. Barbow followed behind. Hamilton ordered them to lie down. They all sat down. He asked Schletewitz for the keys to the safe, ordered him out, and told Barbow to watch the others. She pulled out a handgun. They went to the safe. Schletewitz told Hamilton he would give him all the money. Rias later testified that when Schletewitz and Hamilton went to the safe area, he heard shuffling and a bang. It was later learned that Hamilton shot Schletewitz at close range with the shotgun.
Hamilton went back to the room and asked Douglas White where the safes were kept; White did not know and Hamilton shot him at close range in the chest and stomach.
Another shot was heard and it was later learned that a shotgun blast at close range killed Josephine Rocha.
Hamilton attempted to kill Rias, but Rias covered his face with his left arm. The blast hit his arm, blowing off most of the tissue and shattering his elbow. Hamilton and Barbow checked on the other three victims to make sure they were dead.
Hamilton was later arrested as a suspect in a Modesto robbery and assault with a deadly weapon. Among his possessions was an address book with the name of Clarence Ray Allen. Because of the listing of Frans Market and the names of some of the victims, investigators believed there was a connection with the murders and the Frans Market burglary for which Allen had been convicted. The investigation of this matter led to the arrest of inmate Clarence Ray Allen. Allen was convicted of three counts of first-degree murder with special circumstances and was received onto Californias death row at San Quentin State Prison on December 2, 1982.
http://www.corr.ca.gov/CommunicationsOffice/CapitalPunishment/PDF/ClarenceAllen.pdf
Pretty shocking crimes but what benefit would executing him bring? He's hardly likely to escape and reoffend...
PING
Terrific decision but I still have to wonder where the anti folks are ... I mean isn't this Allen character's life important to them as well?
Oh yeah, not up for prize, isn't black, just isn't their poster child, but neither was Williams.
A jury of his peers said otherwise. It is the system that kept him on death row for so many years. No matter the date, the punishment should be carried out.
If folks do not like this process than they can choose other elected officials and change the laws. But, this is the law of the land.
"where is the H'wood elite"
They were last not seen at the execution of Nixon in Mississippi a couple of days ago. The Tookie juice is really flowing these days.
Oh there are 2 guys from that show, talking about Farrell or Alda. Thankfully I never watched that program.
Farrell said that those who choose to defend the death penalty do so with the licking of their lips. Wish I understood what he meant. LOL
Fair enough, but I have to wonder what benefit executing an old man in a wheelchair brings...
While in prison, he had three people killed. If he is dead, he can't get anyone else killed.
He was originally sentenced to life in prison. And he managed to kill 3 more people while serving a LIFE sentence. That's a total of 4 people. He deserves to die.
If he's still directing traffic from inside, I can see the benefit. As you were...
obeying the law thats all
The anti-capital punishment goons have no credibility anyway. You never saw a one of them protesting the death sentence handed down against an innocent woman so she could be starved to death.
Justice, If cause the death of another, you should also be put to death...an eye for an eye, equals deterrence.
Justice
and that's enough
There is good news, though - he gets the Senior Discount for his last meal.
moonman slaps Aussie around with an old smelly trout.
uh, yes, NO one cares he is white. No circus for this one. No Jessie Jackson, No...No one, Not this time...
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