"I've got to admit, I don't care much who is right on the details of the obscure debate over the Commission's power to "warn" judges after a formal hearing, though it's telling that judges are punished so rarely they've never had to figure it out. At this point I'm just watching for the entertainment value, which to this writer, anyway, has been substantial."
GRITS FOR BREAKFAST: (Grits for Breakfast is described as "the private weblog and nom de plume of Scott Henson, a former journalist turned opposition researcher/political consultant, public policy researcher and blogger." Henson says, "Grits for Breakfast looks at the Texas criminal justice system, with a little politics and whatever else suits the author's fancy thrown in. All opinions are my own. The facts belong to everybody." Its motto is: "Welcome to Texas justice: You might beat the rap, but you won't beat the ride.");
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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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"The State Commission on Judicial Conduct yesterday issued its response (pdf) to Texas Court of Criminal Appeals Presiding Judge Sharon Keller's request for a writ of mandamus from the Supreme Court of Texas, declaring Keller's request outside the bounds of the SCOT's jurisdiction," the Grits For Breakfast post published earlier today begins, under the heading, "Warning Judge Keller."
"See Keller's petition (pdf) and earlier Grits coverage. They rebut Keller's claims to argue that:
The Commission's Order of Public Warning Was Authorized by the Constitution and this Court's Rules Interpreting the Constitution.
Judge Keller's Complaints About Individual Findigs of Fact Are Not Cognizable in Mandamus.
Judge Keller's Argument Regarding the Commission's Vote Consists Entirely of Impermissible Speculation.
No Commissioner Was Disqualified from Service.
The Commission's Order Is Not "Void" and Judge Keller Has an Adequate Remedy at Law Through a Trial De Novo, the story continues.
"Interestingly, Executive Director Seanna Willing has changed her stance. The agency's position appears to be fluid, perhaps because of disagreements between commissioners and the executive director.Willing had earlier argued that the Commission acted outside its authority to "warn" Keller instead of issuing a formal "censure" that would have barred her from acting as a visiting judge after she leaves the bench. Now she argues - with Examiner Mike McKetta who has consistently maintained the warning was okay - that the Commission could legally give the lesser sanction, while ironically Judge Keller argues that the Commission had no authority to issue a "warning" as punishment. Willing has flip flopped and Keller has adopted her former stance. Weird.
I've got to admit, I don't care much who is right on the details of the obscure debate over the Commission's power to "warn" judges after a formal hearing, though it's telling that judges are punished so rarely they've never had to figure it out. At this point I'm just watching for the entertainment value, which to this writer, anyway, has been substantial."
The post can be found at:
http://gritsforbreakfast.blogspot.com/2010/08/warning-judge-keller.html
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;
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