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Supreme Court says execute Calif man
AP ^ | 10/3/5 | DAVID KRAVETS

Posted on 10/03/2005 4:46:09 PM PDT by SmithL

SAN FRANCISCO - A leader of a Fresno crime ring who ordered killings from Folsom State Prison where he already was serving time for murder will likely be executed in January, authorities said Monday.

Clarence Ray Allen, 75, is likely to become the 12th inmate executed since California's voters restored capital punishment in 1977. The U.S. Supreme Court declined Monday to hear his final legal challenge, 25 years after a hit man Allen hired murdered three people at a Fresno market. Allen feared the trio could hurt his chances of successfully appealing his murder conviction.

Hours after the high court's decision, state prosecutors petitioned a judge to set a Jan. 17 execution at San Quentin State Prison.

The nation's highest court declined to review a decision by the San Francisco-based 9th U.S. Circuit Court of Appeals which concluded in January that Allen should die despite the poor performance of his attorney during the stage of trial when jurors decide a sentence of life or death. The appeals court said his defense "fell below an objective standard of reasonableness."

The court, however, said Allen's viciousness, not his attorney's ineffectiveness, was what mattered.

The appeals court said it was inconsequential that Allen's attorney did little to prepare for the trial's penalty phase and failed "sufficiently to investigate and adequately present" evidence to sway jurors to render a judgment of life without parole.

It was "not reasonably probable that even one juror would have held out for a life sentence over death," Judge Kim McLane Wardlaw wrote for the appeals court. She added that Allen was convicted of conspiring from prison to murder seven people, "all to retaliate for their prior testimony against him and to prevent future damaging testimony."

Wardlaw added that, "If the death penalty is to serve any purpose at all, it is to prevent the very sort of murderous conduct for which Allen was convicted."

Ward Campbell, supervising California deputy attorney general, said the appellate court's decision "reflects our office's sentiments for this case."

Michael Satris, Allen's appellate attorney, declined comment.

The man convicted of carrying out Allen's murder orders, Billy Ray Hamilton, also is on death row. Prosecutors said Hamilton was following Allen's orders when he killed Bryon Schletewitz, Douglas Scott White and Josephine Rocha.

Allen suffered a heart attack last month, underwent surgery, and is recovering.

The case is Allen v. Brown, 04-10556.


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Government; News/Current Events; US: California
KEYWORDS: executionbyoldage
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Heart surgery to keep him alive on death row????
1 posted on 10/03/2005 4:46:11 PM PDT by SmithL
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To: SmithL
LOL! He's at the age when males generally croak. They're going to execute a 75 year old guy. After 20 years of delay, I suppose that's small comfort.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
2 posted on 10/03/2005 4:49:01 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: SmithL

Justice delayed is justice denied. He should have been executed 25 years ago.


3 posted on 10/03/2005 4:49:28 PM PDT by Ninian Dryhope
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To: SmithL
LOL! He's at the age when males generally croak. They're going to execute a 75 year old guy. After 20 years of delay, I suppose that's small comfort.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
4 posted on 10/03/2005 4:50:04 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: goldstategop

This is not Capital Punishment, its Euthanasia.


5 posted on 10/03/2005 4:57:31 PM PDT by TheHound (You would be paranoid too - if everyone was out to get you.)
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To: SmithL

Spare Gramps.


6 posted on 10/03/2005 5:01:04 PM PDT by luvbach1 (Near the belly of the beast in San Diego)
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To: SmithL
"Allen suffered a heart attack last month, underwent surgery, and is recovering."

Another travesty. Many hardworking, upstanding but poor citizens cannot afford health insurance, let alone the taxes used to pay for this scumbags pre-execution heart surgery. IMO Yet another example of the injustice of the justice system, especially as it is implemented in CA.

7 posted on 10/03/2005 5:02:05 PM PDT by drt1
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To: Ninian Dryhope

Fry Mumia...


8 posted on 10/03/2005 5:05:50 PM PDT by boomop1
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To: SmithL

The great thing about the death penalty is that you also get life imprisonment along with it!


9 posted on 10/03/2005 5:06:24 PM PDT by Mr Ramsbotham (Laws against sodomy are honored in the breech.)
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To: SmithL

Does anyone know what ended him up in jail in the first place?


10 posted on 10/03/2005 5:06:46 PM PDT by PistolPaknMama
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To: SmithL

This is one guy that should have died YEARS ago. I am so happy to see this! Evil personified!


11 posted on 10/03/2005 5:06:52 PM PDT by ladyinred (It is all my fault okay?)
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To: Ninian Dryhope

Agreed.


12 posted on 10/03/2005 5:13:38 PM PDT by TheDon (The Democratic Party is the party of TREASON!)
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To: drt1
Another travesty. Many hardworking, upstanding but poor citizens cannot afford health insurance...

But don't forget he is being saved for a good cause.

13 posted on 10/03/2005 5:17:14 PM PDT by luvbach1 (Near the belly of the beast in San Diego)
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To: ladyinred

I agree.

Allen suffered a heart attack last month, underwent surgery, and is recovering

They saved him a month ago and now thay are going to put him to death after wasting the taxpayers money on surgery for him ? Just doesn't make sense to me.


14 posted on 10/03/2005 5:22:59 PM PDT by WasDougsLamb (Just my opinion.Go easy on me........)
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To: All
Some background.
15 posted on 10/03/2005 5:27:34 PM PDT by dighton
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To: SmithL

I'm not for the death penalty. In my view, it ENDS the punishment. But, really, what's the point of executing a 75-year-old man? At 75 years of age, being put to death is even more of a blessing.


16 posted on 10/03/2005 5:27:49 PM PDT by my_pointy_head_is_sharp (We're living in the Dark Ages.)
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To: SmithL

Screw heart surgery. The sooner he's executed the better.


17 posted on 10/03/2005 5:32:30 PM PDT by Enterprise (The modern Democrat Party - a toxic stew of mental illness, cultism, and organized crime.)
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To: goldstategop

I look at this jerk like I do a Nazi death camp guard. Execute him as long as there is any chance to do so, take away even his last chance at a gasp of free air. The guy is a monster.


18 posted on 10/03/2005 5:35:11 PM PDT by Enterprise (The modern Democrat Party - a toxic stew of mental illness, cultism, and organized crime.)
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To: SmithL

Send him to Texas. We know how to take care of his needs - quickly.


19 posted on 10/03/2005 5:59:59 PM PDT by texas_mrs
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To: texas_mrs

I remember this case. I was getting my bachelor's degree when this scum did the first murder here and I was in my master's degree when he did the second one. I remember thinking at the time this sucker needs to fry hugely! It just ticks me off that we have to wait 25 years for this piece of human garbage to be executed.


Thanks to the libs in this state we will never have justice.


20 posted on 10/03/2005 6:46:27 PM PDT by Earendil
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