"The bottom line here is that in hindsight, we know that lethal injection would be found constitutional by the U.S. Supreme Court and that Michael Richard's execution probably would have gone forward (this is Texas, remember) within the year to 18 months following September 25, 2007. Or maybe not. Maybe Michael Richard would be alive today.
We absolutely know that Michael Richard and his loved ones were denied those days and months between September 2007 and whenever he might have been ultimately executed because of the cavalier actions of Chief Justice Sharon Keller."
DEFENCE LAWYER TERRY LENAMON; On his "Death Penalty Blog" Mr. Lenamon describes himself as, "a Florida Bar certified expert in the area of criminal trial law. With over 17 years experience and more than 100 jury trials under his belt... His skilled, high-quality defense has been sought by many high-profile clients including Ceasar Mena and Casey Anthony and has led him through 20 first-degree murder trials and eight death penalty cases."
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BACKGROUND: Justice Sharon Keller has attained notoriety for allegations that she allowed convicted murderer and rapist Michael Richard to be executed on September 25, 2007 - notwithstanding his attempt to file a stay of execution - because the court clerk's office closes at 5. Keller is of particular interest blog because of the opinion she wrote for the majority in the Roy Criner case. Wikipedia informs us that: "Sharon Faye Keller (born in Dallas, Texas, 1953) is the Presiding Judge of the Texas Court of Criminal Appeals, which is the highest court for all criminal matters in the State of Texas. Because of her position, she has been involved in many high-profile and controversial cases, and has thus received widespread news coverage......In 1998, Keller she wrote the majority opinion in a 5-3 (one judge abstaining) decision that denied a new trial to Roy Criner. Criner had been convicted of sexual assault in 1990, but newly-available DNA testing had shown that the semen found in the victim was not his......Judge Tom Price, who ran for the Chief Judge seat, in a primary election, said that Keller's Criner opinion had made the court a "national laughingstock." Judge Mansfield, who had sided with the majority in denying Criner a hearing, told the Chicago Tribune that, after watching the Frontline documentary, reviewing briefs and considering the case at some length, he voted "the wrong way" and would change his vote if he could. "Judges, like anyone else, can make mistakes ... I hope I get a chance to fix it." He stated that he hoped Criner's lawyers filed a new appeal as he felt Criner deserved a get a new trial......Following the (appeal court's) refusal to order a new trial, the cigarette butt found at the scene (and not adduced at trial) was subjected to DNA testing.The DNA on the cigarette was not a match for Criner, but it was a match for the semen found in Ogg. Ogg's DNA was also found on the cigarette, indicating that she shared a cigarette with the person who had sex with her (and who presumably killed her). These results convinced the district attorney, local sheriff and the trial judge that Criner was not guilty. The Texas Board of Pardons and Paroles recommended he be pardoned and, citing "credible new evidence [that] raises substantial doubt about [Criner's] guilt," then-Governor George W. Bush pardoned him in 2000.
The thorough, unabridged Wikipedia article on Keller can be found at:
http://en.wikipedia.org/wiki/Sharon_Keller
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"Yesterday, Sharon Keller learned the discipline that she would be receiving from the Texas Judicial Commission after a review of her actions as Chief Justice of Texas' highest criminal court on the day that Michael Richard was executed by lethal injection.(Read the ruling in its entirety here.)," the July 17, 2010 post by defence lawyer Terry Lenamon begins, under the heading, "Players in a Death Penalty Case: Texas Chief Justice Keller Gets Hand Slap, Michael Richard Still Died Too Soon."
"It's a story we've been following for a long while now, waiting to see what would happen to Justice Keller after a shocking series of events that Execution Day afternoon," the post continues.
"Almost three years have past since Sharon Keller's infamous response, "the Clerk's office closes at 5," and around a year since a fact-finding trial judge determined that nothing should happen to Justice Keller - that the mere "public humiliation she has surely suffered" was more than sufficient sanctioning of her conduct.
What Justice Sharon Keller Did on Michael Richard's Execution Day
Justice Sharon Keller, as you will recall (the day's events are summarized in the Commission's Ruling), went home early on the day that (1) the United States Supreme Court announced it was going to be reviewing the constitutionality of lethal injection method of killing in Baez; and (2) Michael Richard was scheduled to die, by lethal injection.
Justice Keller went home to meet a repairman.
Attorneys for Richard had literally hours to file the paperwork with the Texas court to stop the execution, but it's safe to assume - in fact, now there's been testimony - that the Texas high court was expecting the filing. There was already an execution day procedure set in place at the court, and another Justice was waiting to get the paperwork.
No one expected the Texas court to substantively change the state opinion on Richard's conviction and pending execution. All that was needed was the Texas court's denial, so that the defense attorneys could substantiate to the U.S. Supreme Court that state remedies had been exhausted. It was almost a rubber stamp of the documents, once they actually got filed with the Texas court.
As detailed in the 19-page ruling issued by the Texas Commission, instead of that execution day procedure being followed, the clerk called Justice Keller at home when the attorneys had technological problems and called to say they'd need to file shortly after 5 o'clock (not unheard of, this happens all over the country). Instead of following the internal court execution day procedure -- i.e., telling the clerk to check with the Justice on stand-by -- Justice Keller issued her Red Queen directive that we've all heard about for so long.
Sharon Keller Keeps Her Job, Gets a Hand Slap
And for this, she gets a hand slap. Technically, she's received a "PUBLIC WARNING" from the Commission. Keller could have lost her job, been removed from the bench, but she wasn't.
Within the ruling, which deserves reading in its entirety, Keller is found to have failed to give "...Richard access to open courts or the right to be heard according to law," which seems serious enough. But nothing follows. Almost nothing.
Tactful language skirts around the reality that the man died.
The bottom line here is that in hindsight, we know that lethal injection would be found constitutional by the U.S. Supreme Court and that Michael Richard's execution probably would have gone forward (this is Texas, remember) within the year to 18 months following September 25, 2007. Or maybe not. Maybe Michael Richard would be alive today.
We absolutely know that Michael Richard and his loved ones were denied those days and months between September 2007 and whenever he might have been ultimately executed because of the cavalier actions of Chief Justice Sharon Keller.
The Imbalance Continues
Today, Sharon Keller has kept her job and experienced some social discomfort. Or as the fact-finder described it, some "public humiliation."
How do we balance that against the time period of living that was stolen from Michael Richard? How can we?"
The story can be found at:
http://www.deathpenaltyblog.com/texas-chief-justice-keller-gets-hand-slap-michael-richard-still-died-too-soon/
PUBLISHER'S NOTE: The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be accessed at:
http://www.thestar.com/topic/charlessmith
For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:
http://smithforensic.blogspot.com/2010/07/new-feature-cases-issues-and.html
Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;
