Fellow judge says Keller violated procedure in death row case

Source: Austin American-Statesman

Former court counsel Ed Marty's statement could raise doubts.

Tuesday, August 18, 2009

SAN ANTONIO — The trial on misconduct charges against Sharon Keller, the state's top criminal judge, began Monday with pointed criticism from one of Keller's colleagues — and one surprise revelation.

Judge Cheryl Johnson, called to testify by the prosecution, said Keller violated Court of Criminal Appeals procedure in 2007 by unilaterally denying defense lawyers the opportunity to file execution-day briefs after 5 p.m.

"She should have directed (the request to file late briefs) to me," said Johnson, who had been assigned by rotation to be the only judge expected to handle execution-day phone calls, faxes and filings from lawyers for the inmate, Michael Richard.

"And I would have told them that they could file," Johnson said. "It's an execution. They might be valid pleadings. I have no other way of knowing."

Johnson, however, said she didn't learn about the request for more time until four days after Richard was executed — an account contradicted in parts of a witness deposition revealed Monday.



Read more: http://www.statesman.com/news/content/region/legislature/stories/2009/08/18/0818keller.html

I am not surprised... this happened in Texas ... we'll see what happens...hope keller is relieved of her duties and disbarred... a life is a life ...

:hi:

Source: Guardian

A senior Texas judge who refused to hear a last-minute appeal from a prisoner facing execution because her office "closed at five" was herself put on trial today in one of the most high-profile cases of alleged judicial misconduct in the state's history.

Sharon Keller, dubbed Sharon Killer by her detractors, was the subject of a hearing at the Texas commission on judicial conduct that could ultimately see her removed from the bench.

The case relates to her handling of the imminent execution of a convicted rapist and murderer, Michael Richard, on 25 September 2007. That morning the US supreme court had cast doubt on the constitutionality of using lethal injection - the form of death administered by Texas - by agreeing to rule on whether it amounted to cruel and unusual punishment.

Lawyers for Richard raced to file an appeal that would put a stay on his execution, which was due to take place that evening, but they were delayed by computer glitches.


Read more: http://www.guardian.co.uk/world/2009/aug/17/sharon-keller-lethal-injection

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"Closed at five" :eyes:

heavy sigh

She doesn't belong on the bench because she is totally lacking in empathy, compassion, or any sense of humanity.
How can one put closing at 5 PM over a person's life?

known for empathy. Unless the person is white republican

"A Republican, she has a reputation for her tough approach to justice in a state known already for its hard line on crime. In 1998 she ruled in a case involving a man with learning difficulties, denying him a retrial despite DNA evidence that appeared to prove his innocence."

:puke:

Not that I don't think this monster shouldn't have been executed, but even a monster has legal rights.

Guess she needed to go home and make sure she got her 9 hours of sleep. Wouldn't want her working too hard.

the forces they are dealing with.

being innocent was no reason to grant an appeal, because finality is important to the justice system.

http://www.nytimes.com/2009/03/08/us/08judge.html

Mixed Opinions of a Judge Accused of Misconduct

In 1998, Judge Keller wrote the opinion rejecting a new trial for Roy Criner, a mentally retarded man convicted of rape and murder, even though DNA tests after his trial showed that it was not his semen in the victim.

“We can’t give new trials to everyone who establishes, after conviction, that they might be innocent,” she later told the television news program “Frontline.” “We would have no finality in the criminal justice system, and finality is important.”

Removed from the bench? She deserves the same treatment her victims got.

retrial in the event that new evidence is available that may prove a convicted party is innocent? Absolutely amazing, her idea of finality is death, no reprieve.

And the deadline is the weekday they shutdown?

Source: ABC

"Judge not that ye be not judged" said Jesus, but a devoutly Christian judge in the US State of Texas now finds herself on trial, precisely because of one of her judgements. Sharon Keller, a top judge at the Texas Court of Criminal Appeals, presides over the most active execution program in America. But she now stands accused in court of professional misconduct over her refusal to keep her office open beyond 5:00pm to allow lawyers for a death row inmate, Michael Richard, to file a last minute appeal for a stay of execution.

The appeal was based on a decision taken that morning by the US Supreme Court to review a case in Kentucky over whether the use of certain drugs used in executions was unconstitutional. The prosecution argues that Richard's lawyers called Judge Keller's office shortly before closing time to say they were having computer problems and asked if their paperwork could be accepted a little late. Judge Keller, it is alleged, was already at home dealing with a repairman.

When she was called to ask if the office could stay open she is said to have refused. A few hours later Richard was executed. His family, including his sister Patricia, says the execution should not have gone ahead. "At two minutes after eight, they came in and they got the family - I was one of the people who witnessed the execution - to go into the viewing room," she said.

"And at 8.23pm they pronounced him dead. Myself and the family only blamed one person and that's Sharon Keller." Lon Burnam, a Democratic member of the Texas House of Representatives, campaigned for Judge Keller to be brought to justice. "President Clinton was impeached for lying about his sex life. This woman walked off the job and it resulted in the death of somebody," he said. In the two years since Richard's death there has been an active and colourful campaign to have Judge Keller, dubbed "Sharon Killer" by her critics, removed from office.

Read more: http://www.abc.net.au/news/stories/2009/08/18/2659897.htm?section=justin

surprise me if she surpressed the information from the judges because he was black.

Now having said that here is the profile of the criminal

http://www.clarkprosecutor.org/html/death/US/richard1099.htm

Reading the case history it appears that Michael W. Richard was at the scene, he raped the woman and stole property. He then tried to sell the stolen property.

He should have stayed in jail for the rest of his life.

Lady Judge killer fucked up.....