Judge Blocks Murderer’s Execution : Courts: Decision imposes a stay until after a hearing on the mental competency of David Mason, who wants to die as scheduled on Aug. 24.

SAN JOSE —  The execution of murderer David Edwin Mason, scheduled to take place in 20 days, was blocked Tuesday by a federal judge despite the prisoner’s wish that he be put to death.

U.S. District Judge Ronald M. Whyte stayed the execution while a lawsuit challenging Mason’s mental competence to volunteer for the gas chamber is heard by the U.S. 9th Circuit Court of Appeals.

Mason’s attorney said he would join with the office of Atty. Gen. Dan Lungren and immediately file an appeal under the court’s emergency rules in an effort to overturn the stay and keep the execution on schedule for Aug. 24.

“We are going to do everything we can possibly do in our power to get this stay dissolved,” said attorney Michael Brady, who is representing Mason in his bid to be executed.

The request for a stay was brought by Mason’s former attorney, Charles Marson, who contends that the five-time murderer is not competent to agree to his own execution.

After hearing evidence in June, Whyte ruled that the Death Row inmate was competent to fire Marson, drop all the remaining legal appeals of his death sentence and volunteer to die in the gas chamber at San Quentin.

On Tuesday, the judge reaffirmed his ruling that Mason is competent to make his own choice but agreed to block the execution until the appellate court acts upon the appeal or lifts the stay.

By issuing the stay three weeks before the execution, Whyte has set the stage for a more orderly legal debate than the flurry of last-minute stays and counter-orders that preceded last year’s execution of Robert Alton Harris. At one point, Harris was moments from death when a stay was issued and he was removed from the gas chamber.

Whyte noted that granting a stay went against Mason’s wishes but concluded that there were underlying legal issues in his competency case that reasonable judges could disagree about.

“The court is aware that an appeal is contrary to the desire of a petitioner (Mason) whom this court has found competent to determine his own fate,” Whyte said. “The court is also cognizant that (Mason) has expressed frustration with barriers and delay the legal system is imposing on his choice.”

Last week, Mason talked calmly and rationally for 90 minutes with reporters, explaining that he was ready to go to the gas chamber because he regretted his crimes and believed his death sentence was just. “I accept responsibility for my actions,” he said.

Marson has repeatedly declined to comment on the case.

Deputy Atty. Gen. Catherine Rivlin, however, said the stay gives Marson a tactical advantage because the state must prove that an emergency exists and the stay should be lifted. “It’s disappointing,” she said.

Brady noted that the 9th Circuit is not automatically required to hear the case before the Aug. 24 execution date but said he hopes the court will act quickly to dissolve the stay. “If, in fact, that is denied,” he said, “we will go to the Supreme Court.”