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Judge deciding death row man's clemency suit

PHOENIX -- A federal judge is considering whether to temporarily block an Arizona execution to give the inmate's lawyers time to prove the state clemency board can't give him a fair hearing because of interference from Gov. Jan Brewer's office.

Lawyers for Edward Schad asked U.S. District Judge Roslyn Silver on Tuesday to postpone his scheduled Oct. 9 execution. Former members of the state clemency board testified they believed they lost their jobs because they voted for clemency in two high-profile cases. They also said Brewer's chief of staff was angry about the requests, which Brewer denied.

Assistant Attorney General Kelly Gillian-Gibson urged Silver to deny the request. She said Schad's lawyers hadn't shown current board members weren't impartial.

The 71-year-old Schad was convicted in the 1978 killing of a Bisbee man.

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