(TX) Judge on trial after refusing to accept death row appeal

"This execution proceeded because the highest criminal court couldn't be bothered to stay an extra 20 minutes on the night of an execution," Andrea Keilen, executive director of Texas Defender Service, told ABC News in October 2007.

Two other judges on the court told the Houston Chronicle they were willing to work late that night, and were unaware (Judge Sharon) Keller refused to allow the filing of the appeal.

"It was an important issue," Judge Paul Womack told the Chronicle in the October 2007 story. He said he stayed at the court until 7 p.m. because "I wanted to be sure to be available in case it was raised."

...snip...

In a virtually unprecedented move, the National Association of Criminal Defense Lawyers in October 2007 filed a complaint with the State Commission on Judicial Conduct over the incident.

http://www.cnn.com/2009/CRIME/08/17/texas.judge.misconduct/

Judge Keller's response, in essence, was that the convicted defendant had had a trial ~~ in fact two of them. The delay in the filing was because the defense attys were having computer problems. Everyone else in the clerk's office as well as other judges stayed to receive the death day filing...and had no knowledge Keller refused to allow the office to stay open late.

Unbelievable....and disgusting. I guess this is another example of TX justice.

:puke:

Being from Texas, most of my friends are conservative or at least pro-death penalty, and even most of them think this is disgusting. I hope she's stripped from the bench.

But the prisoner's lawyers here also screwed up ... they were having computer problems which delayed the filing, but they could have made an abbreviated filing in person as soon as they knew there was going to be a delay. This would have bought them more time.

That doesn't absolve the judge, though.

But I do agree ~~ the judge should have not closed the office on the evening before the execution ~~ particularly in light of the USSC filing and the issue thus pending before them.

:hi:

that is just what I have heard from some lawyer friends. It does seem odd that a computer problem would cause such a stir -- and that they didn't have a contingency plan when they were getting so close to the deadline.

Still, the refreshing news is that it seems most people in Texas (at least those following the story) agree that this judge was off her rocker. Even down here, we have quite a few "conservatives" starting to question some aspects of capital punishment under the theory that "hey, we don't want government too involved in our lives, so why do we want to give government the ability to take a life?"

Good for the NACDL

Yeah, it was horrible TX justice that made this necessary, but it is still a TX DA who has tried to rectify what he could.

Yeah, that damn Texas, where no one was appalled by what Justice Killer did so they sat back & did nothin---

OH WAIT, the calls for her impeachment started immediately after she pulled this stunt. Lawyers & laypeople alike have been so appalled that a State Legislator tried to have her impeached by the Lege. She's on trial now, which could result in her removal from the bench & possible disbarment.

BTW, she wasn't even the Justice in charge of this appeal, but she made sure that the one who was never heard about it. Her fellow justices turned on her when they found out what she had done.

Yeah, we sat back & did nothing. :eyes:


dg

As you note, the forces that are trying to remove her from office are all part of the Texas Justice System, too.

Texas has the most active anti death penalty forces in the nation. This is the biggest battle ground against the death penalty in America, and we fight valiantly against it. One of my adult children is very active in the anti death penalty movement here, and attends every execution vigil in Huntsville for every execution we have. It's grueling, and we have Quakers, we have Catholic nuns, we have UUers, we have atheists, and we have garden variety politicos fighting the good fight.

I believe all arguments that attack STATES are wrong. No one says "New York killed an illegal immigrant" when the cops there beat or shoot to death some poor soul. They rightly blame the cops who did it and the department that protects them. Unfortunately, those who like to assess blame to entire states never see the error of their ways.

The truth is we have some serious bigotry here when it comes to states. Unfortunately, the rule against such broadbrushed smears is seldom followed when the target is Texas.

Killer hurricane threatening the Texas coast? Freak storm at the Cowboys' training camp that leaves several people seriously injured? All fair game for Texas bashers.

dg

I would never dream of attacking "California" for something like the prop 8 vote. I attack those groups and persons who headed up the effort - the Mormon church, the Catholic church, the GOP, the fear mongering religious types.

It's utterly idiotic to think of one state as good because it has a 55-45 Democratic advantage and one state bad because it has a 45-55 Democratic disadvantage. There's 10% difference in those populations, not 100%. And here's the biggest irony: Texas went GOP largely because of workers who left northern states and relocated to Texas, workers who became economic GOPers, and support the GOP for those reasons, not social reasons or such things as the death penalty.

And perhaps she'll need to appeal something -- and maybe her appeal will arrive late ...

She authored an opinion that basically told indigent defendants too bad so sad, if they wanted the State to pay for their attorney, they were stuck with whoever got appointed. Guess who tried to get the State to pay for her top-drawer lawyer because she "couldn't afford" to pay him? Oopsie, seems she forgot to mention all those multi-million dollar properties in & around Dallas that were still in her name....anyway, she got screwed by her own decision. I still get warm fuzzies about that. :evilgrin:

Yeah, I'm going to hell.

dg

I want to see her removed from hearing any matter anywhere in the state. If she's allowed to remain on the bench, it will be a sell out by the Judical Conduct Commission.

These are very serious charges. She's horrible, and what she did is unforgivable.

....when a man's life is at stake and there is a computer glitch ~~ that is NO justice AT ALL.

:hi:

The executions are set for 6 pm, and usually don't occur on time. They might happen several hours later. Every opportunity for the executed to be saved by court order, pardon, or commuting to life is given. Even in hang em high Texas, this has been the practice.

She did something that made other hanging judges hang their heads in disgust. This was so outrageous a breach of proper judicial attitude, especially toward an execution. This is the true George W. Bush legacy in Texas - many GOP judges who are political hacks who simply lack any place near the bench.