Mason Said to Be ‘at Peace,’ Ready to Die

Rejecting the idea of any last-minute legal appeal to save his life, David Edwin Mason was “at peace” Sunday and ready to go to the gas chamber at one minute after midnight on Tuesday, his attorney said.

“He was surprisingly upbeat today,” said attorney Mike Brady after visiting with Mason for two hours. “He was laughing. . . . I really believe he is at peace with himself.”

The convicted serial killer, who has dropped all appeals, spent much of the day at San Quentin Prison visiting with members of his family under the supervision of four guards.

Mason, who came from a troubled home and who attempted suicide numerous times as a child, was convicted of robbing and strangling four elderly people in their Oakland homes in 1980 and of strangling a fellow inmate in 1982.

He has tried to have his conviction overturned in state courts for more than nine years, but he has refused to pursue his appeals in federal court--even though it could prolong his life for at least three years.

With his execution at hand, prison officials are allowing Mason extensive visits with family members, during which he is not shackled.

When he has no visitors, he is held in a special cell; guards check him at least once every hour. Access to his personal belongings is restricted; Mason is allowed just one item at a time.

He has told prison officials that he does not want a traditional last meal tonight because he does not expect to be hungry. Instead, he has asked to dine with his family in the afternoon before they are required to leave.

At 6 p.m., he will be moved to the death cell 15 feet from the gas chamber, where he will be issued clean clothes for the execution and remain under constant watch.

Instead of the company of a spiritual adviser during his final hours, Mason has asked for unlimited use of a telephone until it is time for him to go to the gas chamber, Brady said.

Opponents of the death penalty--led by Mason’s former attorney, Charles Marson--have made a last-ditch effort to halt the execution by appealing to a special 11-judge panel of the U.S. 9th Circuit Court of Appeals.

By Sunday evening, the judges had not indicated if they would reconsider a ruling made Friday by a three-judge panel, which held that Mason is mentally competent to choose his own death.

A stay of execution, imposed by the 9th Circuit to allow time for the 11 judges to consider any appeal, will expire at 4 p.m. today, clearing the way for the execution.

Public opposition to what will be only the second execution in California in 26 years has been muted. On Sunday afternoon, prison officials reported just one demonstrator outside the prison gates.