It's All Over But The Crying
At first it looked like a short-lived lawsuit that was filed last Wednesday in Houston because it was dismissed the following day. Then it was re-filed in Austin. It is a wrongful death suit against a Judge from the highest Texas criminal court.
The widow of Michael Richard alleges that Texas Court of Criminal Appeal Judge Sharon Keller guaranteed the death of her husband by directing the court clerk to close down shop at five o'clock sharp. The widow isn't alone in her outrage toward Keller. Disgust has been voiced by other judges, attorneys, and citizens throughout the nation. Keller, who doesn't come up for re-election until 2012, could be in scalding hot water with the Texas Commission on Judicial Conduct.
A complaint signed by three hundred attorneys has been filed with the Commission and another petition is circulating that has already acquired over thirteen hundred signatures.
Judges enjoy a lot of flexibility as leaders of the legal world to start, stop, and complete their sworn tasks pretty much as they please. Just the same, there are boundaries. Judges are the chosen ones entrusted to safeguard the people. All the people. Even scums.
Michael Richard wasn't the sort of fellow most people would invite home to share their peas and carrots. In 1986, he was paroled on convictions of burglary, vehicle theft, and forgery. Two months later he raped and murdered Marguerite Dixon in Hockley and twenty-one years later he met his own destiny with the Needle of Justice.
Few people would debate that Judge Keller has been slamming doors on criminal appeals since 1991, the year she took office. For better or for worse, she has lived up to her tough-on-crime platform.
Mid-morning on the day Richard was scheduled for an out-of-body experience, the United States Supreme Court announced that it would take a look at whether lethal injection is cruel and unusual punishment under the Eighth Amendment of the constitution.
As a practical matter that meant death row inmates confined in States using lethal injection were likely to receive temporary stays of execution. Richard was no exception and his attorneys set out to cash in his chip but were delayed when a computer went on the blink.
Historically, Texas Judges have accepted last minute requests until either a stay of execution is issued or the inmate is executed. Richard's counsel alerted the clerk that all necessary documents would be delivered twenty minutes after five.
Upon learning that our highest court in the nation was to weigh the execution method, Texas Court of Criminal Appeal Judges expected Richard to seek a temporary stay. That was particularly true for nine year veteran Judge Cheryl Johnson who was the presiding judge over Richard's case. Johnson remained at the court ready to accept late filings. Other judges were also at the court and Judge Cathy Cochran, a no nonsense jurist, had made herself available by telephone.
Unknown to all of those judges, Keller directed the clerk to reject Richard's documents. So, the place got locked up tighter than a jug; Keller left to enjoy her evening; and Richard got the poison.
The Judicial Conduct Commission is comprised of a City Judge, Justice of the Peace, County Judge, District Court Judge, two attorneys, and two non-lawyer citizens. The review panel could dismiss charges or levy sanctions against Keller including booting her from office.
Although none of the other Criminal Court of Appeal Judges will sit on the panel, some are likely to testify whether Keller's circumventing usual procedure and bypassing the case presiding judge violated Judicial Canons which required her duties be performed free from bias.
Widow Richard may not reap dollars from her private lawsuit but the suit can be an extremely effective avenue to gather evidence against Keller. The evidence can then be made available to the powerful review panel. If that is the plan it is a well orchestrated war and Keller should give some thought to flipping burgers for a living in her family-owned eatery.
It will take time to resolve the predicament. Nevertheless, notwithstanding that Keller or a killer may be undeserving of a fair process, under the grace of our constitution each are entitled to one.
© Coninc., TheDownsideUp.Com 2007
The widow of Michael Richard alleges that Texas Court of Criminal Appeal Judge Sharon Keller guaranteed the death of her husband by directing the court clerk to close down shop at five o'clock sharp. The widow isn't alone in her outrage toward Keller. Disgust has been voiced by other judges, attorneys, and citizens throughout the nation. Keller, who doesn't come up for re-election until 2012, could be in scalding hot water with the Texas Commission on Judicial Conduct.
A complaint signed by three hundred attorneys has been filed with the Commission and another petition is circulating that has already acquired over thirteen hundred signatures.
Judges enjoy a lot of flexibility as leaders of the legal world to start, stop, and complete their sworn tasks pretty much as they please. Just the same, there are boundaries. Judges are the chosen ones entrusted to safeguard the people. All the people. Even scums.
Michael Richard wasn't the sort of fellow most people would invite home to share their peas and carrots. In 1986, he was paroled on convictions of burglary, vehicle theft, and forgery. Two months later he raped and murdered Marguerite Dixon in Hockley and twenty-one years later he met his own destiny with the Needle of Justice.
Few people would debate that Judge Keller has been slamming doors on criminal appeals since 1991, the year she took office. For better or for worse, she has lived up to her tough-on-crime platform.
Mid-morning on the day Richard was scheduled for an out-of-body experience, the United States Supreme Court announced that it would take a look at whether lethal injection is cruel and unusual punishment under the Eighth Amendment of the constitution.
As a practical matter that meant death row inmates confined in States using lethal injection were likely to receive temporary stays of execution. Richard was no exception and his attorneys set out to cash in his chip but were delayed when a computer went on the blink.
Historically, Texas Judges have accepted last minute requests until either a stay of execution is issued or the inmate is executed. Richard's counsel alerted the clerk that all necessary documents would be delivered twenty minutes after five.
Upon learning that our highest court in the nation was to weigh the execution method, Texas Court of Criminal Appeal Judges expected Richard to seek a temporary stay. That was particularly true for nine year veteran Judge Cheryl Johnson who was the presiding judge over Richard's case. Johnson remained at the court ready to accept late filings. Other judges were also at the court and Judge Cathy Cochran, a no nonsense jurist, had made herself available by telephone.
Unknown to all of those judges, Keller directed the clerk to reject Richard's documents. So, the place got locked up tighter than a jug; Keller left to enjoy her evening; and Richard got the poison.
The Judicial Conduct Commission is comprised of a City Judge, Justice of the Peace, County Judge, District Court Judge, two attorneys, and two non-lawyer citizens. The review panel could dismiss charges or levy sanctions against Keller including booting her from office.
Although none of the other Criminal Court of Appeal Judges will sit on the panel, some are likely to testify whether Keller's circumventing usual procedure and bypassing the case presiding judge violated Judicial Canons which required her duties be performed free from bias.
Widow Richard may not reap dollars from her private lawsuit but the suit can be an extremely effective avenue to gather evidence against Keller. The evidence can then be made available to the powerful review panel. If that is the plan it is a well orchestrated war and Keller should give some thought to flipping burgers for a living in her family-owned eatery.
It will take time to resolve the predicament. Nevertheless, notwithstanding that Keller or a killer may be undeserving of a fair process, under the grace of our constitution each are entitled to one.
© Coninc., TheDownsideUp.Com 2007
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posted by KKHC | 7:00 AM
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