State must respond to death row senior
December 28, 2005
SAN FRANCISCO – The California Supreme Court ordered state prosecutors yesterday 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.
The justices, in ordering a response by Jan. 3, did not comment on the petition from Allen, who also is making similar arguments to Gov. Arnold Schwarzenegger in a request for clemency that asks that his death sentence be commuted to life without parole.
In the 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.
Associated Press
http://www.signonsandiego.com/uniontrib/20051228/news_1n28region1.html