U.S. Supreme Court Clears Way For Allen Execution

[LinasK]

POSTED: 4:29 pm PDT October 3, 2005


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.
more at link:http://www.ktvu.com/news/5052918/detail.html

[LinasK]

POSTED: 4:29 pm PDT October 3, 2005




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.

Take note, Scott Peterson trial junkies re: Mark Geragos, the Ineffective Assistance of Council appeal does not work!!:bang:

[proadvocate]

Interesting execution date to say the least.Although Allen and his attorneys are trying the ineffectual counsel plea,the antis are trying a much more dramatic approach of playing hearts.These people say that Allen is 75 yrs old,blind,diabetic,heart troubles,confined to a wheel chair,etc etc.Simply put folks if you listen to the anti drivel you hear that Allen is too old and too sick to execute.Sounds good really,heck I'm almost in tears thinking of the sheer cruelty involved in executing such an old invalid.....I guess thats why I support eliminating 95% of the appeals process and executing these thugs while they're young enuff and healthy enuff to enjoy it.Why wait 20+ yrs to execute a murderer do it within 36 months and dodge the hassles of listening to their groupies for time infinitum.

[concernedperson]

Hey, I am with you on this. We now have DNA testing as a last resolve. Most murders yield some degree of DNA. Test them if they are found innocent don't execute but if there is, go to it and don't look back. Why 20 years? It is wasting money and resources.

[scandi]

Hi Linask, That same though popped into my mind as well. LOL And isn't it amazing that not long ago the State of California that has so many financial problems, saved this convicts life by paying for a heart operation! Then to turn around and execute him several months later, why it is just incredible to me. Guess if they denied him the right to live while he was awaiting his punishment of dying, it would pose a problem with ethics and the law! :banghead:

Scandi

[concernedperson]

I would bet that they wouldn't pay for a homeless person's operation. That person would be allowed to die. Without dignity or rehabilitation. Even though they didn't murder a soul but had hard luck. That was the injustice, they had hard luck.But we have to protect the scumbags that infiltrate society and the ones that constantly fill our brains with their right to life. I am not on a vigilante mission but I am pointing out how these people obscure justice whenever possible.

[Schmerty_Jones]

If he's feeling poorly I'll send him some Centrum Silver. Pep him up ..He'll be fine in time for the execution. He ordered killings while in Prison...give him heart surgery so HE CAN ORDER MORE????????????????? :furious: :furious:

[gardenmom]

Anyone else outraged that there have only been 12 executions since 1977? There is no reason to not move these killers through the system faster. There are family members of the victims who are denied some sort of satisfaction before they themselves die of old age! :banghead:

[proadvocate]

With the exception of Texas every State has a bad rep for moving people thru the system efficiently.Virginia does execute on avg a bit faster than Tx,but they lag behind in sheer numbers.Ca Pa and Tn,are the worst of the worst.Their death penaltys are more apt to be death by old age than anything.

[bakerprune64]

Hey, I am with you on this. We now have DNA testing as a last resolve. Most murders yield some degree of DNA. Test them if they are found innocent don't execute but if there is, go to it and don't look back. Why 20 years? It is wasting money and resources.
On the average, between medical treatment, shelter and food, it costs the government an average of $168,000 per year per inmate, and that's if they don't ahve a medical condition. This was a quote from our local county sheriff. Over the course of 20 years it would cost tax payers $3,360,000. to take care of one of these maggotts. Sure sounds like a just system to me...NOT! They treat them better than our law abiding citizens who can't afford food, shelter or medical attention. I don't think that any of them deserve anything more than a concrete floor to sleep on, and minimum amount of food to sustain them until they go to the chair or gurney. IMO:twocents:

[LinasK]

POSTED: 2:41 pm PST January 10, 2006


SAN FRANCISCO -- The California Supreme Court on Tuesday refused to block the Jan. 17 execution of Clarence Ray Allen after the inmate claimed the punishment would be cruel and unusual because of his age and health problems.

In a two-sentence order signed by Chief Justice Ronald George, Allen's request for a reprieve was "denied on the merits."

An attorney for Allen said the 75-year-old condemned man, whose request for clemency to Gov. Arnold Schwarzenegger is pending, would ask the federal courts to stop the execution.

On Dec. 23, Allen's attorneys petitioned California's justices to stop the execution, saying it would be inconsistent with "civilized behavior." Allen, the oldest person on California's death row, uses a wheelchair, suffered a stroke in September and is virtually deaf and blind.

State prosecutors rejected that position when they urged Schwarzenegger two weeks ago not to grant clemency. They said age and infirmities were irrelevant, and Allen "deserves to die for his monstrous crimes."Prosecutors argued that, because Allen had ordered killings from inside prison, keeping him alive could be a security risk.

While serving time for murder at Folsom State Prison in 1980, Allen was sentenced to death for hiring a hit man who killed three people at a Fresno market. Allen had the trio killed because he feared their testimony would hurt his chances of prevailing at overturning his murder conviction on appeal, prosecutors said.

The convicted hit man, 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. more at link:http://www.ktvu.com/news/5983618/detail.html

[Nore]

Aw come on California,do a good turn.Consider it putting him out of his misery.he should really be strung up.

[cinsbythesea]

http://www.kron.com/Global/story.asp?S=4361115

Well Clarence Ray Allen is now one step closer to not being "infirm" (as his attorneys like to refer to him) anymore...

[winelover]

Allen is too old and too sick to execute.Sounds good really,heck I'm almost in tears thinking of the sheer cruelty involved in executing such an old invalid.....I guess thats why I support eliminating 95% of the appeals process and executing these thugs while they're young enuff and healthy enuff to enjoy it.Why wait 20+ yrs to execute a murderer do it within 36 months and dodge the hassles of listening to their groupies for time infinitum.

I am with you! Spare me the pity party. :boohoo:

This guy is a vicious killer who even killed from behind bars (ordering the murder of 3 people). Disgusting. He is a poster child for why people should be put to death sooner rather than later.

[Schmerty_Jones]

"His conduct did not result from youth or inexperience,but instead from the hardened and calculating decisions of a mature man" _____ Gov . Schw. Calif.
Proof that there is no reason to delay the executions for years. 1,2,3 yrs maximum! Judgement & punishment should be clear just & swift!!

[LinasK]

Tuesday, January 17, 2006



Condemned murderer Clarence Ray Allen finished his final visits with family members and friends Monday night at San Quentin State Prison as the state prepared to execute him by lethal injection for ordering three killings from his prison cell in 1980.

Allen, who turned 76 on Monday, was scheduled to become the oldest prisoner ever executed in California and one of the oldest ever put to death in the United States. Legally blind and crippled by diabetes and heart disease, he argued in his final appeals that his execution would violate the constitutional prohibition against cruel and unusual punishment. The U.S. Supreme Court turned down Allen's request for a stay Monday afternoon. Only one justice, Stephen Breyer, cast a dissenting vote.



Allen spent Monday in a special visiting room at San Quentin seeing relatives, friends, members of his legal team and two spiritual advisers, prison officials said. Allen claimed Choctaw and Cherokee ancestry, and both spiritual advisers were American Indians.

At 6 p.m. he was transferred to a "death watch'' cell near the execution chamber, where his contact was limited to the spiritual advisers and prison staff. The cell also had a radio and television.

"He's had a pretty steady stream of visitors,'' said Elaine Jennings, a spokeswoman for the prison system. She said prison staff described him as "positive, upbeat. His spirits are good.''

"He's making his peace,'' said Allen's attorney, Michael Satris. He said the execution would be "a low point in the history of California's administration of the death penalty.'' Allen ordered a final meal of buffalo steak, Kentucky Fried Chicken, sugar-free pecan pie, sugar-free black walnut ice cream and whole milk, officials said.



Another prisoner, Michael Morales, could be executed in late February for the rape and murder of a 17-year-old San Joaquin County woman in 1981.

EDITED DUE TO COPYRIGHT INFRINGEMENT

more at link:http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2006/01/17/ALLEN.TMP



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[LinasK]

Posted on Tue, Jan. 17, 2006

DON THOMPSON

Associated Press

SAN QUENTIN, Calif. - California executed its oldest condemned inmate early Tuesday for arranging a triple murder 25 years ago to silence witnesses in another killing.

Clarence Ray Allen was pronounced dead by lethal injection at 12:38 a.m. at San Quentin State Prison, less than an hour after his 76th birthday ended at midnight.

Allen, who was mostly blind and deaf, couldn't walk, and suffered a nearly fatal heart attack in September only to be revived and returned to death row, was assisted into the death chamber by four large correctional officers shortly after midnight.

With relatives of his victims watching, Allen was able to get up on the gurney himself and witnesses said he appeared to be looking around for his relatives.He received the first of three injections at 12:20 a.m. He then was given an extra dose of potassium chloride, the lethal chemical that stops the heart, at 12:35 a.m., and died minutes later, according to Corrections Department spokeswoman Elaine Jennings.

EDITED DUE TO COPYRIGHT INFRINGEMENT

more at link:http://www.mercurynews.com/mld/mercurynews/13640161.htm

[LinasK]

POSTED: 4:33 pm PST January 15, 2006
UPDATED: 2:52 pm PST January 17, 2006


SAN QUENTIN -- In the end, California's oldest condemned inmate wasn't as feeble and frail as his attorneys portrayed in their futile efforts to spare his life, describing a man who would have to be carried into the death chamber.

With the help of four large correctional officers, Clarence Ray Allen shuffled from his wheelchair to a gurney in San Quentin State Prison early Tuesday morning, a day after his 76th birthday.

Though legally blind, Allen raised his head to search among execution witnesses for relatives he had invited, mouthing "I loveyou."

"Hoka hey, it's a good day to die," Allen told the warden in a last statement nod to his Choctaw Indian heritage before being led into the chamber. "Thank you very much, I love you all. Goodbye."

Anticipating a possible replay of his September heart attack, Allen had asked prison authorities to let him die if he went into cardiac arrest before his execution, a request prison officials said they would not honor.

EDITED DUE TO COPYRIGHT INFRINGEMENT

more at link:http://www.ktvu.com/deathrow/6128928/detail.html

[concernedperson]

He deserved the death penalty. He caused death to others that was his game plan. There is no excuse and no compassion as he didn't show this to his victims. End of it.