Lawyers for Edward Schad have filed a lawsuit in federal court asking that his scheduled Oct. 9 execution be postponed. (Source: Arizona Department of Corrections)
PHOENIX (CBS5) -
Lawyers for an Arizona death-row inmate have filed a lawsuit in federal court asking that his scheduled Oct. 9 execution be postponed.
A federal public defender for Edward Schad previously asked some Arizona Board of Executive Clemency members to recuse themselves from an Oct. 2 hearing, saying he "cannot currently obtain a full and fair clemency hearing."
The suit filed Thursday in U.S. District Court names Gov. Jan Brewer, her chief of staff and four clemency board members.
Clemency board members are appointed by the governor.
The suit asks that the clemency board be enjoined from meeting to consider Shad's case until a "conflict-free and independent board can be empaneled."
The 71-year-old Schad was convicted in the 1978 killing of a Bisbee man whose body was found near Prescott.
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Wednesday, July 23 2014 7:06 AM EDT2014-07-23 11:06:51 GMT
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