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Death Penalty Questioned for Elderly as New Records Set in Senior Executions

Oldest in modern era executed last month, California prepares for state record

   
 

"The 'People of California' are in a morbid race with God to see who can kill Clarence Ray Allen first. With the date for his execution only a week away, God may still get there first. Just four months ago, on Sept. 2, the condemned man suffered a massive, near-fatal heart attack." - New America Media, Interview/Commentary, Michael Kroll, Jan 10, 2006 – click to interview.

 

Jan. 11, 2006 – Is it appropriate to execute the old and infirm? That is a question asked by attorneys for Clarence Ray Allen, nearly deaf, blind and wheelchair-bound, who will turn 76 the day before he is to become the oldest person executed in California on Jan. 17. The plea does not seem to be helping Allen, as it failed to save John B. Nixon Sr. in Mississippi, as he became, at age 77, the oldest person executed in the United States since the death penalty was reinstated in 1976.

The plea by California's Allen, a Choctaw Indian sentenced for ordering the 1980 murders of three witnesses to the 1974 burglary that he was convicted of committing, is not winning support for him either. Although, he says he is innocent.

A California online poll on TheKSBWChannel.com asks "Should Clarence Ray Allen's death sentence be commuted to life in prison?" Voters have two choices: "Yes. He's too old and sick to be executed" or "No. He should pay the price for his crimes."

 

Story Update

 
 

California Sets State Age Record by Executing 76-Year-Old Man

Jan. 17, 2006 - Despite being legally blind, nearly deaf and confined to a wheelchair, Clarence Ray Allen, was executed by lethal injection this morning at 12:38 in by the State of California, one day after his 76th birthday. Allen, convicted in three murders, had pleaded the death penalty was cruel and unusual punishment for someone so old and frail. Read more...

 

As of this morning, an overwhelming majority – 82% - say he should pay the price for his crimes.

Allen's plea is winning some public support, however, and an interview with the condemned senior citizen was published yesterday by New America Media. The Idriss Stelley Foundation has set up a yahoogroup to build support in order to save Clarence Ray Allen, and to "allow him to die with dignity when his ancestors will call him to join them."

"Allen 'flatlined' (died) from a heart attack, and was resuscitated by the medical staff, so he can be executed in January. The San Quentin Correctional Facility has issued a statement that Mr. Allen, although wheelchair bound, will have to walk 15 feet to the death gurney, because the death chamber is not wheelchair accessible," according to a report by Indybay.org.

"The death row population is aging, and prison conditions are not conducive to good health. There are now five condemned men in California who are over 70 and nearly three dozen in their 60s. Since California reinstated capital punishment, 31 men have died on death row of natural causes and 11 have been executed. The oldest person executed in California in the modern era was 62-year-old Donald Beardslee, who was executed in February of 2005," reports Indybay.org.

Yesterday, however, the California Supreme Court refused to block his execution. Gov. Arnold Schwarzenegger says he will not hold a clemency hearing for Allen, but will make his decision on the basis of written materials. Allen has asked for clemency on grounds of his age, serious illnesses and the alleged unfairness of his 1982 trial.

Still, California will not claim the U.S. record for killing the oldest person in this modern era. That record is held by Mississippi for the execution of Nixon last Dec. 14, who was on death row for 20 years.

Nixon was convicted in 1985 for the slaying of Virginia Tucker. Gilbert Jimenez, who later testified against Nixon, and his sons John B. Nixon Jr. and Henry L. Nixon, also were convicted in connection to the murder. They were allegedly paid to do the killing by Tucker's former husband.

Nixon maintained his innocence and said, just before his execution, that another of his sons committed the murder.

 

 

 

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