The AP filing is, "Arizona death row inmate's case up for review," by Amanda Lee Myers. It's via KTAR.
Arizona's largely new clemency board on Monday delayed considering the case of a death row inmate set for execution next week after the man's defense attorney said three new board members didn't have the legal authority to make such a decision.
Samuel Villegas Lopez's attorney had asked the five-member board to delay her client's execution and a decision about whether he deserves mercy over questions about the legality of the three new members' appointment by Gov. Jan Brewer.
Attorney Kelley Henry told the board members that the new members didn't get the four weeks of training required under Arizona law and there were other problems surrounding their appointment.
``We just have to start the training process. We don't have to complete it,'' new board Chairman Jesse Hernandez told The Associated Press. ``We are in the process of training. We are within the law.''
Hernandez said Henry wanted to stop the hearing, and when she couldn't, she and her legal team walked out.
``I ended the meeting,'' Hernandez said. ``We wanted to give Mr. Lopez a fair hearing. But (his lawyers) decided to exit the process. I presume it was a legal maneuver on their part to buy Mr. Lopez time.
``We did not make a ruling. What happens now is we are waiting for their response, to see if they want to come back for another hearing or go to court,'' Hernandez added.
In a one-sentence emailed response, Henry said ``we are reviewing our legal options'' but she didn't elaborate.
Dale Baich, a federal public defender in Phoenix, said ``the question about the board's legal authority to act needs to be addressed before it can give full attention and consideration to the clemency request by Mr. Lopez. The governor should direct the attorney general to move to vacate the execution date so that the legal questions can be sorted out.''
The article notes that Lopez' execution date is May 16, and notes concerns about the state's lethal injection procedure.
Earlier coverage of Arizona clemency issues begins at the link.
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