"State Rep. Lon Burnam, D-Fort Worth, who filed an impeachment motion against Keller in 2009, blasted the ruling and said he will likely revive impeachment efforts next year.
"It's extremely disappointing that they would act on a technicality," Burnam said. "Clearly justice has not been realized in this instance, and we will continue to pursue justice." Asked whether he will reintroduce his impeachment resolution, Burnam said, "Sounds like that's what I'm going to have to do."
The Texas Moratorium Network, which wants to halt executions, also called for an impeachment. "It is not surprising that an all-Republican review panel would let Sharon Keller off on a technicality instead of holding her responsible for her judicial misconduct," said Scott Cobb, the group's president."
REPORTER DAVE MONTGOMERY; THE STAR-TELEGRAM;
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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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"AUSTIN -- A three-judge court of review dismissed a reprimand Monday against Sharon Keller, the state's highest criminal appeals court judge, who critics contend effectively denied a late-hour appeal to a Death Row inmate in 2007 by closing her court at 5 p.m," the Star-Telegram story by reporter Dave Montgomery published on October 11, 2010 begins, under the heading, "Texas court dismisses reprimand against judge."
"The decision negates a public warning issued against Keller by the 13-member State Commission on Judicial Conduct and ends a 20-month inquiry into allegations that she violated her judicial responsibility by closing off last-minute avenues of appeal for inmate Michael Wayne Richard, who was executed by injection Sept. 27, 2007," the story continues.
""This case is done," said Keller's attorney, Charles "Chip" Babcock. "She's very relieved that it's over."
After a multifaceted inquiry that began in February 2009, the judicial conduct commission issued a public warning against Keller, presiding judge of the Texas Court of Criminal Appeals, in June and held that she violated the court's execution-day procedures.
But the special review court, acting on Keller's appeal, ruled that the public warning is not a legally permissible option available to the panel. Under the Texas Constitution, the judges said, the only two sanctions open are public censure or recommending that Keller be removed from the bench.
"The Commission, therefore, had no option but to dismiss the charges against Judge Keller," the judges ruled.
The judges also said the commission could not restart judicial conduct proceedings against Keller. "Judge Keller has undergone formal proceedings that did not result in censure or a recommendation for removal or retirement," the judges said in their 36-page decision.
State Rep. Lon Burnam, D-Fort Worth, who filed an impeachment motion against Keller in 2009, blasted the ruling and said he will likely revive impeachment efforts next year.
"It's extremely disappointing that they would act on a technicality," Burnam said. "Clearly justice has not been realized in this instance, and we will continue to pursue justice." Asked whether he will reintroduce his impeachment resolution, Burnam said, "Sounds like that's what I'm going to have to do."
The Texas Moratorium Network, which wants to halt executions, also called for an impeachment. "It is not surprising that an all-Republican review panel would let Sharon Keller off on a technicality instead of holding her responsible for her judicial misconduct," said Scott Cobb, the group's president.
The review court was headed by Terrie Livingston, chief justice of the state's 2nd Court of Appeals in Fort Worth. The other members were Justices Elsa Alcala of the 1st Court of Appeals in Houston and Charles Kreger of the 9th Court of Appeals in Beaumont."
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The story can be found at:
http://www.star-telegram.com/2010/10/11/2538587/court-dismisses-reprimand-against.html
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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/2010/08/new-feature-cases-issues-and_15.html
Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;