An undated handout photo shows California’s oldest condemned man Clarence Ray Allen, who was denied clemency by the state’s Governor Arnold Schwarzenegger on January 13, 2006. Allen is scheduled to be executed on January 17, 2006, a day after he turns 76. Allen, shown here in this photo which was introduced and received as evidence during the penalty phase at Allen’s 1982 trial, is legally blind, uses a wheelchair and suffers from chronic heart disease and diabetes. Allen was sentenced to death for ordering in 1980 the killings of three people while serving a life sentence for murder. He would be the second-oldest man executed in the United States in recent decades.
ContraCosta Times: Appeals court denies reprieve for Allen
Clarence Ray Allen, California’s oldest condemned convict, moved a step closer to death late Sunday when a federal appeals court dismissed one of his final appeals.
Barring a reprieve by the U.S. Supreme Court, Allen will be executed Tuesday morning, just minutes after his 76th birthday, following Sunday’s decision by the 9th U.S. Circuit Court of Appeals.
Attorneys for Allen, who’s on death row for ordering the hits of three people at a Fresno market in 1980, argued that executing him would be unconstitutionally cruel and unusual because of his age and health problems.
The San Francisco-based appeals court ruled against Allen “because he has not demonstrated substantial grounds upon which relief may be granted.”
Ward Campbell, a state prosecutor on the case, called the court’s decision legally sound. “Mr. Allen’s claims were not supported by any existing legal principles,” he said Sunday.
Allen also has asked the U.S. Supreme Court to block the execution under the same legal theory. He is scheduled to be injected at 12:01 a.m. Tuesday at San Quentin State Prison.
Unless the United States Supreme Court intervenes, Clarence Ray Allen will be executed Tuesday morning.
Stay tuned for last minute pleas……..