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5:09 am
Thu April 12, 2012

Prosecutors to appeal man's stay of execution

OKLAHOMA CITY (AP) — The Oklahoma Attorney General's Office will appeal a man's stay of execution to the Tenth U.S. Circuit Court of Appeals.

The state Court of Criminal Appeals on Tuesday denied Garry Allen's plea to stop his execution. But U.S. District Judge David L. Russell issued a ruling Wednesday to give Allen time to litigate claims about his competency.

Allen pleaded guilty to capital murder after being shot in the head during his November 1986 arrest. Authorities say he killed 24-year-old Gail Titsworth, with whom he had children, outside a daycare where she had picked up her sons days after she moved away from Allen.

The state Pardon and Parole Board voted 4-1 to commute Allen's sentence to life in prison, but Governor Mary Fallin decided the execution would proceed on Thursday.