CA - Oldest condemned inmate Clarence Ray Allen seeks to avoid execution

LinasK

Verified insider- Mark Dribin case
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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 said:
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:
 
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.
 
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.
 
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
 
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.
 
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:
 
The California Supreme Court on Tuesday ordered state prosecutors to respond to attorneys of Clarence Ray Allen, the oldest man on death row who claims his looming Jan. 17 punishment would be cruel and unusual because of his age and health problems.

In his Supreme Court petition, filed Friday, Allen's lawyers say their 75-year-old client uses a wheelchair, suffered a stroke in September and is deaf and blind. Executing him would serve no purpose, they said.

"Execution of a person as elderly as Mr. Allen is contrary to our state norms, our national norms, and international norms of civilized behavior," attorney Somnath Chatterjee wrote the justices.

Allen also claims that two decades on death row, in which he claims he received shoddy medical treatment, also amounts to unconstitutionally cruel and unusual punishment. California's justices have repeatedly rejected arguments that lengthy periods on death row are unconstitutional.

The justices did not indicate when they would rule.
http://www.nctimes.com/articles/2005/12/28/news/state/17_09_4212_27_05.txt
All I have to say is I think he may be right. End this cruel and unusual punishment and execute them all now.
 
So. Allowing him to remain in prison would be cruel punishment because he doesn't think he's getting good enough free medical care, but executing him would be cruel because he's about ready to die anyway? Maybe they should have just executed him before they allowed him to get this old?
 
:clap:
Jeana (DP) said:
So. Allowing him to remain in prison would be cruel punishment because he doesn't think he's getting good enough free medical care, but executing him would be cruel because he's about ready to die anyway? Maybe they should have just executed him before they allowed him to get this old?
 
Executing him would show him you can't get away with murder... :furious:
 
mysteriew said:
The California Supreme Court on Tuesday ordered state prosecutors to respond to attorneys of Clarence Ray Allen, the oldest man on death row who claims his looming Jan. 17 punishment would be cruel and unusual because of his age and health problems.

In his Supreme Court petition, filed Friday, Allen's lawyers say their 75-year-old client uses a wheelchair, suffered a stroke in September and is deaf and blind. Executing him would serve no purpose, they said.

"Execution of a person as elderly as Mr. Allen is contrary to our state norms, our national norms, and international norms of civilized behavior," attorney Somnath Chatterjee wrote the justices.

Allen also claims that two decades on death row, in which he claims he received shoddy medical treatment, also amounts to unconstitutionally cruel and unusual punishment. California's justices have repeatedly rejected arguments that lengthy periods on death row are unconstitutional.

The justices did not indicate when they would rule.
http://www.nctimes.com/articles/2005/12/28/news/state/17_09_4212_27_05.txt
All I have to say is I think he may be right. End this cruel and unusual punishment and execute them all now.
I SO AGREE WITH WHAT I HAVE BOLDED......HE SHOULD HAVE BEEN EXECUTED AFTER HE WAS FOUND GUILTY & SENTENCED..... AND THEN, THAT CRUEL & UNUSUAL PUNISHMENT HE RECEIVED FOR 2 DECADES.......
WHAT DID HIS VICTIMS HAVE FOR 2 DECADES???:furious: :furious: :furious:
 
j2mirish said:
I SO AGREE WITH WHAT I HAVE BOLDED......HE SHOULD HAVE BEEN EXECUTED AFTER HE WAS FOUND GUILTY & SENTENCED..... AND THEN, THAT CRUEL & UNUSUAL PUNISHMENT HE RECEIVED FOR 2 DECADES.......
WHAT DID HIS VICTIMS HAVE FOR 2 DECADES???:furious: :furious: :furious:



They had no choice about what they have had for decades, he played God and decided that for them.. He deserves the same thing...DEATH
 
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:
 
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.
 
concernedperson said:
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:
 
The attorneys for Clarence Ray Allen argued in a reply petition filed with the governor's office late Tuesday that the state may be violating the Americans with Disabilities Act by forcing their aging and infirm client to stumble the final steps on his own on his way to the execution table.

"The spectacle of Ray Allen slouching toward execution, stumbling and faltering dangerously while his executioners prop him up and lift him over the lip of the execution chamber, would only further invite worldwide condemnation and ridicule of California for such barbarous treatment of its citizenry -- treatment that would also violate both the Constitution and the American(s) With Disabilities Act," the petition said.

http://www.sacbee.com/content/news/story/14021782p-14854183c.html
 
Yes, God help us if he should break a hip, before he gets the needle. Just shoot him in his cell. First the little toes, the shins, the knees.......well you get the idea.
Leave his privates alone though, as I don't think he raped anyone. Save that for the SO's that try to complain. Give them something to look forward to.
 
chicoliving said:
The attorneys for Clarence Ray Allen argued in a reply petition filed with the governor's office late Tuesday that the state may be violating the Americans with Disabilities Act by forcing their aging and infirm client to stumble the final steps on his own on his way to the execution table.

"The spectacle of Ray Allen slouching toward execution, stumbling and faltering dangerously while his executioners prop him up and lift him over the lip of the execution chamber, would only further invite worldwide condemnation and ridicule of California for such barbarous treatment of its citizenry -- treatment that would also violate both the Constitution and the American(s) With Disabilities Act," the petition said.

http://www.sacbee.com/content/news/story/14021782p-14854183c.html



Well wheel the B****rd into the chamber in a wheel chair....
 

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