Texas is infamous for havign the highest execution rate in the country. Howevver, Texas' death chamber has been suspended from active duty temporarily for the next several months. On Tuesday, September 25th, Michael Richard was put to death at 6:00 PM for the rape and murder of Harris County mother. Why is this such a big deal? His lawyers had tried to file a key appeal with the Texas Court of Criminal Appeals. Richards laywers could not file the motion before the courts closing time of 5 PM due to computer problems. When Richard's Lawyers called the court asking them to stay open later to hear the appeal, the court refused, citing that the courts close at 5. This decision was made by Presiding Judge Sharon Keller (she later claimed no one told her about the computer problems) without consultation of any other judges ( a few of which were working late that day) in the Texas Court of Criminal Appeals, including the judge assigned to handle any late motions for Richard's case, Judge Cheryl Johnson, who claimed had she known she would have happily stayed late to review the appeal. Normally, if the Texas Court of Criminal Appeals had denied the motion, Richard's layers would have then appealed to the Texas Supreme Court. Because the Texas Court of Criminal Appeals denied to even hear the motion at all, the appeal was routed through other procedural routes, which killed the effort to appeal the execution. This incident has sent shockwaves of dismay through the state, country and world.
This is the ultimate case of beaurocratic nonsense, and in this case it was a life or death situation. In the case of a death penalty case, EVERY measure possible should be taken to give the defendent the means to appeal. ABSOLUTELY NO court should ever refuse to stay open late to hear a motion of such importance. The Texas Court system needs to slow down, especially in a death case. Communication lines between courts, judges, and lawyers need to be broadened, refined, and put into standard practice.
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Texas Court of Criminal Appeals Presiding Judge Sharon Keller closed the
court's office at 5 PM on an execution day without consulting any of the
other judges on the court. As a result, a man was executed without being
able to have the merits of his last appeal considered by the justice
system. To close at 5 PM and refuse to accept an appeal by a person about
to be executed is a violation of judicial responsibility. When a person is
about to be executed, our state's highest criminal court needs to remain
open for business. Keller should resign or be impeached and removed from
office for her unethical conduct. This is not the first time that Keller
has behaved like a buffoon. According to Tom Price, one of the other
conservative judges on the Texas Court of Criminal Appeals, as far back as
2001 she made Texas' highest criminal appeals court "a national
laughingstock." As long as Keller is in office, the people of Texas can
not be sure that justice is being done with integrity.
Any concerned Texan can file a complaint with the State Commission on
Judicial Conduct by going to: www.scjc.state.tx.us
More info:
www.sharonkiller.com
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