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From Wikipedia, the free encyclopedia Clarence Ray Allen









Clarence Ray Allen



Clarence Ray Allen chair to the death podium unassisted. In addition, he ap-

peared to be looking straight at his family prior to re-

ceiving the first dose of drugs during his lethal injec-

tion procedure. Allen had a confirmed advanced case of

type 2 diabetes, and he suffered a perhaps related heart

attack on September 2, 2005. His lawyers declared that

"he presents absolutely no danger at this point, as in-

capacitated as he is. There’s no legitimate state purpose

served by executing him. It would be gratuitous pun-

ishment." They argued that his execution would consti-

tute cruel and unusual punishment and requested that he

be granted clemency by California governor Arnold Sch-

warzenegger, which was subsequently refused.





Murder of Mary Sue Kitts

In 1974, Allen plotted the burglary of Fran’s Market, a

Fresno area supermarket, owned by Ray and Fran Sch-

letewitz, whom Allen had known for years. The plot in-

volved Roger Allen, Clarence Ray Allen’s son, Carl May-

Born January 16, 1930(1930-01-16) field, Ed Savala and Charles Jones. Mayfield and Jones

Blair, Oklahoma, United States worked for Clarence Ray Allen in his security guard busi-

ness as well as part of a burglary enterprise allegedly

Died January 17, 2006(2006-01-17) (aged 76)

operated by Allen. As part of the burglary plot against

San Quentin State Prison, California,

United States Fran’s Market, he arranged for someone to steal a set of

door and alarm keys from the market owner’s son, Bryon

Conviction(s) Burglary, Murder – 1978 Schletewitz, age 19, while Schletewitz was swimming in

Murder (3 counts) – 1980

Allen’s pool. Allen then arranged a date between Schlete-

Penalty Life imprisonment witz and Mary Sue Kitts (his son Roger’s girlfriend) for

Execution by lethal injection the evening, during which time the burglary took place.

Status Executed on Jan. 17, 2006 The burglary netted $500 in cash and $10,000 in money

orders from the store’s safe. Following the commission of

Clarence Ray Allen (January 16, 1930 – January 17, 2006) the burglary, Kitts told Bryon Schletewitz that Allen had

was an American murderer who was executed by lethal committed the crime, which she knew as she had helped

injection at San Quentin State Prison in California for the Allen cash money orders that had been stolen from the

murders of three people. At age 76 in 2006, he became the store.[1]

second-oldest inmate to be executed in the United States Schletewitz confronted Roger Allen, informing him

since 1976, after John B. Nixon of Mississippi who was ex- that he had been told of the crime by Kitts, and Roger

ecuted in December 2005 at age 77. His execution was the Allen admitted the crime. When Roger Allen told his fa-

most recent one to take place in California. ther Clarence of Bryon’s accusation, Clarence Allen stat-

Pro-death penalty activists cite Allen’s actions as a ed that they (Schletewitz and Kitts) would have to be

reason to support capital punishment in the United “dealt with.” He enlisted three employees of his security

States. He was already serving a life sentence for one firm, Charles Jones, Carl Mayfield, and Lee Furrow. Ac-

murder when he was convicted of organizing the killing cording to an opinion filed on May 6, 2004 in the Ninth

of three more people. Circuit Court of Appeals:

While in prison, Allen claimed Choctaw heritage. He Allen called a meeting at his house and told Jones,

also claimed to be deaf, blind and severely disabled, re- Mayfield, and Furrow that Kitts had been talking

quiring a wheelchair for mobility. He did not know any too much and should be killed. Allen called for a

sign language to communicate with hearing people. Dur- vote on the issue of Kitts’s execution. The vote was

ing his execution, he was able to walk from his wheel- unanimous because those present feared what



1

From Wikipedia, the free encyclopedia Clarence Ray Allen





would happen if they did not go along with Allen’s his person was found a “hit list” with the names and ad-

plan. Allen had previously told his criminal dresses of the witnesses who testified against Allen at the

accomplices that he would kill snitches and that he Kitts trial, including the name of Schletewitz.

had friends and connections to do the job for him

even if he were in prison. He had also referred to

himself as a Mafia hitman and stated that the

Legal proceedings

“secret witness program” was useless because a In 1980, the California Attorney General filed charges

good lawyer could always discover an informant’s against Allen and prosecuted the trial in Glenn County,

name and address. Allen kept a newspaper article California, due to a change of venue. The trial lasted 23

about the murder of a man and woman in Nevada, days, and 58 witnesses were called to testify. Ultimately,

and claimed he had “blown them in half” with a the jury convicted Allen of triple murder and conspiracy

shotgun.[2] to murder eight witnesses.

As special circumstances making Allen eligible for the

Allen then ordered the murder of Kitts by Lee Furrow. death penalty, the jury also found that Allen had previ-

After an unsuccessful attempt to poison her with cyanide ously been convicted of murder, had committed multi-

capsules, Allen called Furrow to learn if he had killed ple murder, and had murdered witnesses in retaliation

Kitts. Furrow told Allen he was in the process of stran- for their prior testimony and to prevent future testimo-

gling her and Allen replied, “do it.” After killing Kitts, ny. During a seven-day penalty phase, the Attorney Gen-

Furrow threw her body into the Friant-Kern Canal. The eral introduced evidence of Allen’s career orchestrating

body has never been found. violent robberies in the Central Valley, including ten vi-

olent crimes and six prior felony convictions. The jury

Trial and conviction for burglary and returned a unanimous verdict of death, and the Glenn

murder County Superior Court sentenced Allen on November 22,

1980.

In 1978, Allen was tried and convicted for the burglary,

In 1987, the California Supreme Court affirmed

the subsequent murder of Kitts, and the conspiracy to

Allen’s death sentence. Associate Justice Joseph Grodin’s

murder Kitts. For these crimes, Allen was sentenced to

opinion referred to Allen’s crimes as “sordid events” with

life in prison without possibility of parole.

an “extraordinarily massive amount” of aggravating evi-

dence. In a dissenting opinion, California Supreme Court

Execution at Fran’s Market Justice Broussard stated that the prosecutor influenced

While in Folsom Prison, Allen conspired with fellow in- the jury by telling them that "if you conclude that aggra-

mate Billy Ray Hamilton to murder the various witnesses vating evidence outweighs the mitigating evidence, you

who had testified against him, including Bryon Schlete- shall return a death sentence," while the law does not

witz. Allen intended to obtain a new trial, where there mandate a death sentence in such a situation. According

would be no witnesses to testify to his acts. to Justice Broussard, this led to a lack of freedom for the

After Hamilton was paroled from Folsom Prison, he jury to make a "normative decision."

carried out Allen’s orders. On Sept. 5, 1980, Hamilton and In 2005, the U.S. Ninth Circuit Court of Appeals found

his girlfriend, Connie Barbo, went to Fran’s Market, west that Allen’s trial counsel had been inadequate, and the

of Fresno, California. Bryon Schletewitz, the son of the evidence against him was largely the testimony of Allen’s

market’s owner, worked at the market. There, Hamilton several accomplices, who painted him as the mastermind

murdered Schletewitz and fellow employees Josephine who forced them by threats and scare tactics to commit

Rocha, 17, and Douglas White, 18, with a sawed-off shot- robberies and murders. However the court denied re-

gun and wounded two other people, Joe Rios and Jack hearing in Allen’s case. In her opinion for the panel,

Abbott.[3] Hamilton shot Schletewitz at near point-blank Judge Kim McLane Wardlaw concluded:

range in the forehead and then killed Rocha and White Evidence of Allen’s guilt is overwhelming. Given

after forcing them to lie on the floor of the store. Rios, the nature of his crimes, sentencing him to

also an employee of the market, was shot as well but another life term would achieve none of the

raised his arm as Hamilton fired on him and this action traditional purposes underlying punishment. Allen

undoubtedly saved his life. The other wounded survivor, continues to pose a threat to society, indeed to

Abbott, was a neighbor who heard the shotgun blasts, those very persons who testified against him in the

came to the market to investigate, and was also shot by Fran’s Market triple-murder trial here at issue, and

Hamilton. Abbott returned fire and wounded Hamilton, has proven that he is beyond rehabilitation. He has

who escaped from the scene. shown himself more than capable of arranging

Five days after the events at Fran’s Market, Hamilton murders from behind bars. If the death penalty is

was arrested while attempting to rob a liquor store. On to serve any purpose at all, it is to prevent the very





2

From Wikipedia, the free encyclopedia Clarence Ray Allen





sort of murderous conduct for which Allen was observer stated that he was clearly moving under his

convicted. own power. To the surprise of everyone present, the war-

den indicated that he needed an additional injection of

Deputy California Attorney General Ward Campbell stat- the lethal potassium in order to stop his surprisingly

ed in an interview: healthy heart. Allen wrote in his final statement, which

Well, Mr. Allen has cited his age, the length of time was read immediately following the execution, "My last

on death row, claims about innocence, errors at his words will be ’It’s a good day to die. Thank you very

trial. We found and told the governor we found all much. I love you all. Goodbye.’"

those reasons to be unpersuasive given the nature Allen died with an eagle feather on his chest. He was

of his crime, which was in fact a direct attack on wearing a medicine bag around his neck, and a beaded

the criminal justice system perpetrated by a man headband. He was visited shortly before the execution by

for whom society thought — for whom society two Native American spiritual advisers.

thought was safe. They thought they were safe Allen died at 12:38 a.m. Approximately 250 death

from him because he was behind bars and yet he penalty opponents gathered for a candlelight vigil out-

continued to perpetrate these types of crimes and side the walls of San Quentin. His last meal consisted of

none of the factors that they cite now overshadow Buffalo steak and frybread (both are traditional Native

or outbalance those reasons for now executing the American dishes) as well as a bucket of KFC white-meat-

judgment of the people of the State of California. only chicken, sugar-free pecan pie, sugar-free walnut ice

cream, and whole milk. The ice-cream was left out to

On January 13, 2006, California Governor Arnold Sch-

thaw for one hour, which Allen turned into a milkshake

warzenegger refused to grant Allen clemency, stating

by hand.

that "his conduct did not result from youth or inexperi-

Prison guards familiar with Clarence Ray Allen stated

ence, but instead resulted from the hardened and calcu-

that he often walked without assistance and was also able

lating decisions of a mature man." Schwarzenegger also

to read his mail.[1]

cited a poem in which Allen glorified his actions, where

Allen wrote, "We rob and steal and for those who squeal

are usually found dying or dead." See also

On January 15, 2006, the Ninth Circuit Court of Ap- • Capital punishment debate

peals denied Allen’s claim that executing an aged or in- • Capital punishment in California

firm person was cruel and unusual punishment, observ- • Capital punishment in the United States

ing that his mental acuity was unimpaired and that he • John David Duty

had been fifty years of age when he arranged the mur-

ders from prison. Judge Kim Wardlaw writing for the

panel of judges Susan Graber, Richard Clifton, and her- Notes

self: [1] Jim Doyle (January 12, 2006). "Double life of a Death

His age and experience only sharpened his ability Row killer". The San Francisco Chronicle.

to coldly calculate the execution of the crime. http://articles.sfgate.com/2006-01-12/news/

Nothing about his current ailments reduces his 17275973_1_san-joaquin-valley-fresno-county-

culpability and thus they do not lessen the clarence-ray-allen/4.

retributive or deterrent purposes of the death [2] Unsigned (May 6, 2004). "ALLEN v. WOODFORD:

penalty. Clarence Ray ALLEN, Petitioner-Appellant, v.

Jeanne S. WOODFORD, Warden, of the California

The United States Supreme Court declined to hear the

State Prison at San Quentin, Respondent-Appellee.

case, albeit over the dissent of Justice Stephen Breyer,

No. 01-99011.". FindLaw.

who stated: "I believe that in the circumstances he raises

http://caselaw.findlaw.com/us-9th-circuit/

a significant question as to whether his execution would

1050550.html.

constitute ’cruel and unusual punishment.’"

[3] Bill McEwen, Tim Eberly and John Ellis (January 17,

2006). dead link] "Fresno killer Allen put to death;

Execution U.S. Supreme Court refuses to intervene in 1980

triple murder". The Fresno Bee.

Allen was executed by lethal injection on January 17,

http://www.fresnobee.com/local/story/

2006, at California’s San Quentin State Prison. He became

11697658p-12423869c.html.

the second-oldest inmate to be executed in the United

States since 1976 (John B. Nixon of Mississippi was exe-

cuted in 2005 at age 77). Allen was assisted in the death

chamber by four correctional officers, though a media





3

From Wikipedia, the free encyclopedia Clarence Ray Allen





Preceded by Executions conducted and scheduled in Cali- Succeeded by

Stanley Williams fornia Albert Greenwood Brown





References • Clarence Allen at The Malefactor’s Register

• Clarence Ray Allen at the Clark County, Indiana

• San Francisco Chronicle After Williams, a new dilemma Prosecutor’s Office

for governor Next: Gravely ill and blind man, 75, Persondata

scheduled to die Jim Doyle December 14, 2005

Name Allen, Clarence Ray

• Office of the Governor Press release: Governor

Schwarzenegger Denies Clemency to Convicted Alternative

Murderer Clarence Ray Allen January 13, 2006 names

• FindLaw ALLEN v. WOODFORD - Clarence Ray ALLEN, Short de- Convicted killer

Petitioner-Appellant, v. Jeanne S. WOODFORD, scription

Warden, of the California State Prison at San Date of birth January 16, 1930

Quentin, Respondent-Appellee. January 24, 2005

Place of birth Blair, Oklahoma, United States

Date of death January 17, 2006

External links Place of death San Quentin State Prison, California,

• The People v. Clarence Ray Allen (42 C3d 1222) – United States

California Supreme Court (Dec. 31, 1986)









Retrieved from "http://en.wikipedia.org/w/index.php?title=Clarence_Ray_Allen&oldid=455655931"



Categories:

• 1930 births

• 2006 deaths

• People from Blair, Oklahoma

• 1974 murders in the United States

• 1980 murders in the United States

• American people convicted of murder

• California criminals

• Choctaw people

• People executed for murder

• People executed by lethal injection

• 21st-century executions by the United States

• People executed by California

• Executed American people

• People convicted of murder by California





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