Clarence Ray Allen gets to set a milestone today in Fornicalia history. First, he’ll be celebrating his 76th birthday. Congratulations Clarence, and many more! I should be so lucky to live to 76!

Except, well, Mr. Allen is on Fornicalia’s Death Row and, at one minute after midnight tonight, he will be given a lethal injection and his once well-outfitted cell will be open for new occupancy.

Before I get into the objections regarding the taking of this outstanding citizen’s life, let me provide you with an official summary of his exemplary career and how he managed to get where he is today:

In 1974, Clarence Ray Allen planned a burglary of Fran’s Market in Fresno, California and solicited the involvement of two men who worked for him at his security guard business. Allen also arranged the help of a young woman to get the keys to the store and its burglar alarm from Bryon Schletewitz, son of the market owner.

Following the burglary and after stolen money orders were cashed, the young woman told Schletewitz it was Allen who had robbed the market. Schletewitz confronted Allen’s son, who denied it, and Allen himself also denied it. Allen said that something would have to be done to the young woman and he arranged her death. Allen was arrested. He was convicted of burglary, first-degree murder and conspiracy and sent to prison to serve a life sentence on March 16, 1978.

He was incarcerated at Folsom State Prison and knew Billie Ray Hamilton in prison. While in prison, Allen plotted to kill the people who had informed on him and gotten him prison time. Three days after Hamilton was paroled, he was picked up by Allen’s son at the bus station where he also asked for weapons to carry out the crimes.

On Sept. 4, 1980, Hamilton and his girlfriend, Connie Barbow, went to Fran’s Market and purchased some meat from Joe Rias. Rias went into the storeroom with Douglas White. Since it was after the market’s closing time, the front door was locked. Bryon Schletewitz and Josephine Rocha came into the storeroom followed by Hamilton who was holding a sawed-off shotgun. Barbow followed behind. Hamilton ordered them to lie down. They all sat down. He asked Schletewitz for the keys to the safe, ordered him out, and told Barbow to watch the others. She pulled out a handgun. They went to the safe. Schletewitz told Hamilton he would give him all the money. Rias later testified that when Schletewitz and Hamilton went to the safe area, he heard shuffling and a bang. It was later learned that Hamilton shot Schletewitz at close range with the shotgun.

Hamilton went back to the room and asked Douglas White where the safes were kept; White did not know and Hamilton shot him at close range in the chest and stomach.

Another shot was heard and it was later learned that a shotgun blast at close range killed Josephine Rocha.

Hamilton attempted to kill Rias, but Rias covered his face with his left arm. The blast hit his arm, blowing off most of the tissue and shattering his elbow. Hamilton and Barbow checked on the other three victims to make sure they were dead.

Hamilton was later arrested as a suspect in a Modesto robbery and assault with a deadly weapon. Among his possessions was an address book with the name of Clarence Ray Allen. Because of the listing of Fran’s Market and the names of some of the victims, investigators believed there was a connection with the murders and the Fran’s Market burglary for which Allen had been convicted. The investigation of this matter led to the arrest of inmate Clarence Ray Allen.

Allen was convicted of three counts of first-degree murder with special circumstances and was received onto California’s death row at San Quentin State Prison on December 2, 1982.

As of yesterday, the US 9th Circuit Court turned down Allen’s appeal. Governor Schwarzenegger likewise turned down Allen’s appeal. The only potential savior is now the US Supreme Court. The San Jose Mercury News reports:

Clarence Ray Allen, who turned 76 on Monday, claims that because of his age and numerous health problems, a lethal injection would amount to unconstitutionally cruel and unusual punishment.

Allen uses a wheelchair, and is legally blind and nearly deaf. His heart stopped in September, but doctors revived him to be returned to San Quentin State Prison’s death row.

He is also asking the novel question of whether longevity on death row — in Allen’s case 23 years — also amounts to cruel and unusual punishment.

A novel approach for an appeal I must admit — though ultimately without merit or a whit of common sense.

So, to Clarence Ray Allen: Happy Birthday!

And goodbye.