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       Monday, January 16, 2006

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U.S. Supreme Court Denies Allen Appeal

The execution of Clarence Ray Allen, the 76-year-old murderer from California, is set to proceed on schedule tonight at just after midnight, Pacific Standard Time. Appeals from Allen's attorneys to the U.S. Supreme Court were denied, paving the way for the second-oldest person to be put to death since 1972.

Allen had two claims in his appeal:

1. That executing him in his current state (legally blind, advanced diabetes, and confined to a wheelchair) would constitute cruel and unusual punishment,

2. That his presence on death row for 23 years also constituted cruel and unusual punishment.

The Supreme Court denied his appeal, but Justice Stephen Breyer wrote a dissenting opinion, 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 executuion would constitute cruel and unusual punishment. I would grant the application for stay."

Meanwhile, U.S. District Judge Frank Damrell Jr. wrote, "Nothing about his advanced age or his physical infirmities ... affected his culpability at the time he committed the capital offenses."

While the case has not generated the same publicity that the Stanley Williams case did recently, several newspapers have nonetheless published editorials condemning the scheduled execution.

Allen was convicted of having his son's girlfriend murdered to cover up a grocery store robbery. He then attempted to have witnesses in the case murdered as well. In 1982, he was sentenced to death for hiring a contract killer, who murdered a witness and two innocent bystanders.


Kit Jarrell blogs at Euphoric Reality.



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posted by Kit Jarrell at 5:14 PM  

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