Judge to hear death row man's clemency board suit

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By Tami Hoey By Tami Hoey

PHOENIX (AP) -- A federal judge is set to hear from lawyers for an Arizona death row inmate who says the state clemency board can't give him a fair hearing because of interference from Gov. Jan Brewer's office.

Lawyers for Edward Schad will ask the judge Tuesday to postpone his scheduled Oct. 9 execution. They filed a lawsuit in federal court last week asking four clemency board members to recuse themselves from Wednesday's scheduled clemency hearing in Florence.

Arizona Attorney General Tom Horne says the allegations against the board are unsubstantiated.

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

The lawsuit says former members believe the governor's chief of staff pressures them not to approve clemency petitions that she must then approve or reject.