Court Rejects Aging Death Row Inmate's Plea (Too Old To Die?)

AP/MSNBC ^ | 01/16/2006 | AP

[TCats]

Scheduled to die Tuesday, 76-year-old said execution was unconstitutional. Convicted killer Clarence Ray Allen is scheduled to die early Tuesday morning. The U.S. Supreme Court rejected an appeal Monday from a convicted killer who argued that he was too old and feeble to be executed.

Clarence Ray Allen, whose 76th birthday was Monday, was set to die by lethal injection just after midnight. He stood to become the oldest person executed in California — and the second-oldest put to death nationally — since the Supreme Court allowed capital punishment to resume in 1976.

Allen— legally blind, nearly deaf and in a wheelchair— raised two claims never before endorsed by the high court: that executing a frail old man would violate the constitutional ban on cruel and unusual punishment, and that the 23 years he spent on death row were unconstitutionally cruel as well.

[TCats]

"On one of those orders, Justice Stephen Breyer filed a dissent, saying: “Petitioner is 76 years old, blind, suffers from diabetes and is confined to a wheelchair, and has been on death row for 23 years. I believe that in the circumstances he raises a significant question as to whether his execution would constitute cruel and unusual punishment. I would grant the application for stay.”

Truly a pathetic SCOTUS Member. This ranks right up there with his Emminent Domain vote IMO.

[marmar]

This is kinda funny, in a sad sort of way......

[al baby]

I agree almost entirly with Bryer he should have been excuted 20 years ago

[Mr. Lucky]

...he should have been executed 20 years ago.

Breyer or Allen?

[TCats]

I'll go along with that assessment. I just don't think Breyer really believes it and is only looking for any reason to elongate this process further. In this case, in a bizarre way, he can grasp onto the Human Detritus' frail condition as just such a reason.

[al baby]

opps Allen

[al baby]

Oh By the Way Birthday Clarence and no more

[TheDon]

I guess we will find out tonight if Clarence is too old to die.

[Right_Handed_Writer]

"U.S. Supreme Court rejected an appeal...Allen --legally blind"

I'll bet he didn't see THAT coming!!

[verity]

Execute his lawyer instead!

[hillary's_fat_a**]

Who dissented?

[Inkie]

I guess he'd also spare the guy who murdered his parents and then asked for clemency on the basis that he was an orphan.

[bigsigh]

I think he's too old to appeal.

[TCats]

I think Breyer was the only one but not certain.

[steveo]

Where's Hollywood? Where's Jesse and Al?

[sgtbono2002]

This isnt an execution, Its Euthanasia. I know the Europeans are all for that.

Have a nice death Earl. You earned it.

[USS Alaska]

"...he should have been executed 20 years ago.

Breyer or Allen?"

Both.

[Chode]

HA ha...

[ApplegateRanch]

Both.

[buffyt]

Look up the John and Ken show on internet or radio. Los Angeles 640am. They are doing "The Clarence Ray Allen Must Die For Killing 4 Innocent People Hour" everyday. Oh, but looks like today will be the last show. Last month it was the Tookie Williams Must Die Hour for Killing Four Innocent People.