Barring last-minute action from the U.S. Supreme Court, Arizona intends to execute Edward Schad Wednesday more than 35 years after he was charged with the murder of a Bisbee man.
Schad's lawyers have all but exhausted their appeals. Only two final last-minute efforts at the nation's highest court are still pending.
A federal appeals court and a federal court in Phoenix both have rejected several appeals by Schad.
A majority of active judges of the 9th U.S. Circuit Court of Appeals in San Francisco declined Monday to rehear an appeal on behalf of Edward Schad and also denied a request for a stay of execution pending a new clemency hearing.
U.S. District Judge Roslyn Silver in Phoenix later ruled that there was insufficient reason to grant Schad injunctive relief over questions concerning the drug used in Arizona's executions.
Lawyers for the 71-year-old Schad were worried the state may have expired, non-FDA approved drugs.
Schad told the state's clemency board at a hearing last week that he's accepted his fate and wasn't fearful. But he said he hoped his sentence could be commuted to life in prison so he could "experience some of the green grass outside."
The clemency board declined to recommend to Gov. Jan Brewer that the sentenced be commuted.
Schad faces a death sentence for the 1978 killing of 74-year-old Lorimer "Leroy" Grove of Bisbee.
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