Posted on 01/16/2006 11:47:03 AM PST by SmithL
SAN FRANCISCO - Attorneys for California's oldest condemned inmate are asking the U.S. Supreme Court to accept two unprecedented legal theories in a last-ditch bid to block his execution scheduled for 12:01 a.m. Tuesday.
Clarence Ray Allen, who turned 76 on Monday, claims that because of his age and numerous health problems, a lethal injection would amount to unconstitutionally cruel and unusual punishment.
Allen uses a wheelchair, and is legally blind and nearly deaf. His heart stopped in September, but doctors revived him to be returned to San Quentin State Prison's death row.
He is also asking the novel question of whether longevity on death row - in Allen's case 23 years - also amounts to cruel and unusual punishment.
The justices have never adopted an execution exception for an upper age limit or a physical illness, but some have expressed interest in deciding whether longevity on death row is indeed unconstitutionally cruel.
The justices are being asked to review a late Sunday decision by the 9th U.S. Circuit Court of Appeals, which concluded that Allen waited too long to address the longevity question.
The San Francisco-based appeals court insisted Allen should have filed such a claim years ago, not on the eve of his execution. Judge Kim McLane Wardlaw added that Allen would not have prevailed even if the three-judge panel decided the case on the merits.
"The Supreme Court has never held that execution after a long tenure on death row is cruel and unusual punishment," Wardlaw wrote.
However, Justice Stephen Breyer and Justice John Paul Stevens have urged their colleagues to rule on the issue.
In 2002, for example, Breyer unsuccessfully urged the court to consider the case of Florida condemned inmate Charles Foster, 55, who idled in prison for 27 years before his execution. "It is fairly asked whether such punishment is both unusual and cruel," Breyer wrote.
Justice Clarence Thomas disagreed, writing that Foster "could long ago have ended his anxieties and uncertainties by submitting to what the people of Florida have deemed him to deserve: execution."
While already serving time for murder at Folsom State Prison, Allen was sentenced to death in 1982 for hiring a hit man who killed Bryon Schletewitz, Douglas Scott White and Josephine Rocha at a Fresno market. Allen had the trio murdered because he feared their testimony would hurt his chances of overturning his murder conviction on appeal, prosecutors said.
The hit landed Allen and hit man Billy Ray Hamilton on death row.
Gov. Arnold Schwarzenegger and the California Supreme Court have already declined to spare Allen's life.
Goodbye, Clarence. Go toward the light, but if the
light's flickering, go the other way.
Where is Jessi Jackson, Mike Farrel and Snoop Dog for Allen? Ooops he's white, forget it.
Just more of the liberal judicial insanity that prevails in California's death row (LMAO) --- 26 freakin' years on the taxpayers.
No. Note to Arnold. Just do it.
They restarted his heart? What a waste. They should have let him go then.
Good. Read what he did, MURDERED 3 witnesses, exactly the kind of criminal who should be put to death. He murdered to beat the criminal justice system. Fry him without any oil in the pan.
Where's Snoop Doggy Dogg?
Twas the night before execution and all through San Quentin, the crips were protesting, and liberals were ventin'.
The cyanide hung by the chamber with care, in hopes that the reaper soon would be there.
The inmates were nestled all snug in their bed ; except for Old Tookie, who soon would be dead.
And me with my beer mug, dressed warm in my flannel, had curled up to watch it, on the Fox News Channel.
I set up my TIVO to record the news station, and thoroughly loved the momentous occasion.
It seemed lady justice had gotten her way, and that there would be one less savage today.
When outside the jail there arose such a clatter, the cameras had turned to see what was the matter.
When what to my civilized eyes did appear, but a lineup of actors, all liberal...half queer.
The misguided freaks drew some curious looks, as they proclaimed his innocence; clutching his books.
The tears then flew from Susan Sarandon's eyes, as she nominated him again for the Nobel Peace Prize.
The actors were tethered to an ACLU sleigh, all towing the line of the urban decay.
On Asner, on Penn, on liberal cop-haters, On Sharpton, on Jesse and other race-baiters.
Then at 3:01 all curled up like a beetle, Tookie cried like a bitch, as they gave him the needle.
When up from the actors there arose such a cry, they had failed in their mission, and Tookie DID DIE !!
I heard Bill O'Reilly say, as I turned out my light, Merry Christmas to all ... there was justice tonight !!
12 Hours... tick tick tick tick...
Not Bozo O'Reilly - he's opposed to capital punsihment, just like he's opposed to 2nd Amendment rights.
While already serving time for murder at Folsom State Prison, Allen was sentenced to death in 1982 for hiring a hit man who killed Bryon Schletewitz, Douglas Scott White and Josephine Rocha at a Fresno market. Allen had the trio murdered because he feared their testimony would hurt his chances of overturning his murder conviction on appeal, prosecutors said.Let's keep these facts clearly in mind. This is the reason for the execution. All else is stuff and nonsense, including appeals to the "state of his health".
By the way, where is the hit man? Was he caught? Sentenced to death? (Hope so.)
LOL. Course I doubt the choice of which way to go is up to him.
The lawyers' arguments are somewhat like an individual who kills his parents, then asks for mercy because he's an orphan.
I don't imagine that many years would go by if the death sentence hadn't been fought through appeal all that time.
Clarence Ray Allen's hitman was Billy Ray Hamilton, also on death row.
A middle name of evil omen, like Wayne.
Clarence is too white for the left wing media and Hollywood, otherwise there would be protests.
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