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    We've enjoyed so much good news this week, in both the Trayvon Martin case (with the much needed arrest of Zimmerman) and the State of Conneticut Abolishing the Death Penalty (see kossack's drnononono's D [here]); which has been compounded by the fact that Mitt the Pitts has become "THE" only 1 left in the GOP race (and, as you may already know, the Universe has made Mitt Romney my own personal enemy extra-ordinaire).BUT -  I am ashamed to state and Must Apologize - that we all assumed each other had written the Diary on the fact that the 10th Federal Circuit Court of Appeals has "Stayed" the execution of Garry T Allen.

REASON to Stay Execution;

     While we here, at "Abolish the Death Penalty" Group are inherently Abolishionists, the fact remains there are many reasons to commute the sentence of Garry T Allen.

  1. 1st - He was drunk (3 times legal limit) when he murdered his wife
  2. 2nd -There is a documented history of mental illness prior to the event
  3. 3rd - Arresting officer Shot Allen in the Head

     Not finally, but most certainly germane, is the fact that 4 out of 5 Pardon/ Parole Board members voted to stay the execution due the reasons noted above.

                                          AND - MOST IMPORTANTLY

      A nueropsycologist found Garry T Allen - (whose bullet wound, mentally questionable status - also has dementia) - to be classified as insane.

         BUT the Warden (Randy Workman) over-ruled that professional conclusion.

     

UPDATE

This from commentor Avila

A T-Shirt she bought long ago - on eBay - still in the bag - wanting to hang on her wall.

Why Do We Kill People To Prove That Killing People Is Wrong?

WHY Oklahoma insists on executing Garry T Allen


.

    It really is obvious - the Oklahoma Governor is rejecting the 4 to 1 vote for clemency and the Oklahoma prosecutors have rushed to the United States Supreme Court seeking to overturn the stay of execution. Garry T Allen plead guilty, was drunk (3 times legal limit) - had a previous history of mental illness,

                                          and he shot at a Cop.

       This is the sole reason why my state of Oklahoma wants to Kill Gary T Allen by execution. We are a vindictive society, that preaches (especially here in OK) - that Christianity and good morals are the heart of America's way. But when it comes to poor, drunken, mentally challenged lower class - that looks like a pirate/ bandit - WELL - Off with their head.

                           After All - it's what G-d wants - Correct?

 

Details of the legal battle


.
      Originally (according to local media Oklahoman's "News OK") - the 10th Circuit had a 3 judge panel Rule to proceed with the execution. As is denoted in the News OK "Prison Officials Say Oklahmoa Execution Halted" - it states;
     
But a final decision had not been handed down before prison officials said they wouldn't have time to carry out the execution.

Earlier a three-member panel of the 10th U.S. Circuit had ruled to vacate the stay, but the full court rejected that ruling.

      However, the common sense issue that the Pardon/ Parole Board voted 4 to 1 to halt the execution (and when do we see such a rare super majority vote by such for clemency)! Combined with the facts that Garry was drunk (3 times the legal limit) - was shot in the head - had plead guilty. With the stare in your eye fact that one has to wonder how someone pleads guilty to let a judge solely rule for the death penalty? That has a neuropsycologist involved ruling the party as legally classified insane (not even mentioning his dementia) - the 15 day stay of execution is most certainly apropos.
.


No WARDEN Can Have A Right To Determine Sanity


.
       Beyond all the other arguments out there, I do hope our right wing Supreme Court and the 10th Circuit are swayed by the obvious "Un-Constitutional" issue that a Warden can never be allowed to determine the mental capacity of one of their inmates for the sake of execution.

       Even if, arguendo, he or she be the most fair, balanced (can't believe I just typed that) and over certified PHD, with accolades profuse. It is a clear conflict of interest issue. One cannot be a Warden, without the sine qua non requisite of being openly out spoken as the head executioner.

     It simply cannot be allowed to transpire = based upon a Warden's conclusion!

.


CONCLUSION


.
       I am an apologetic (for not reporting on this sooner) - but happy camper. The execution is stayed. After the 600,000 signatures, Jimmy Carter, POPE and former Chief of FBI - Georgia Troy Davis Execution; it most certainly is not due to the fact that Garry T Allen's National Coalition To Abolish the Dealth Penalty in conjunction with The Oklahoma Coalition to Abolish the Dealth Penalty - PETITION (here). That only has 6000 signatures.

      It is because the United States Supreme Court has already ruled in a Florida case, that even a Governor or Governor appointed psycologist's are "inadequate" to determine mental capacity. Needless to say the execution prone Oklahoma Warden and Governor callous.

      After all, they [OK] just executed Timothy "Shaun" Stemple

                  you'd think their blood lust would be curbed for awhile.


Originally posted to Abolish the Death Penalty on Sat Apr 14, 2012 at 09:44 AM PDT.

Also republished by Invisible People and Oklahoma Roundup.

Poll

Will the Federal Courts do the right thing and stay this execution permanently?

19%7 votes
33%12 votes
22%8 votes
25%9 votes

| 36 votes | Vote | Results

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