Wednesday, August 19, 2009
Sharon Keller
Judge Sharon Keller, dubbed “Sharon Killer” by death penalty opponents because of her rulings favoring capital punishment, went on trial Monday on charges stemming from her decision to close the Texas Court of Criminal Appeals before a death row inmate could file his last appeal, resulting in his execution. At issue is not whether convicted murderer Michael Richard was innocent, but whether Keller violated legal procedures allowing defense attorneys to submit last-minute appeals.
On September 25, 2007, Keller left work early to attend to a personal matter and later instructed the court’s general counsel Ed Marty not to keep the office open after 5 pm. That decision resulted in Richard’s attorneys being unable to submit their appeal to Judge Cheryl Johnson, who was on-call that night to handle death row matters.
“She should have directed (the request to file late briefs) to me,” Johnson testified in court. “And I would have told them that they could file. It’s an execution. They might be valid pleadings. I have no other way of knowing.”
Instead, Johnson did not learn of Richard’s appeal until four days after his execution.
The State Commission on Judicial Conduct, which investigates wrongdoing by judges, has charged Keller with denying Richard his right to access the court system and with bringing discredit upon on the judiciary. Keller could lose her seat on the bench if she’s found guilty.
-Noel Brinkerhoff
Keller Trial: The Judge’s Testimony (by Chuck Lindell, Austin American-Statesman)
Fellow Judge Says Keller Violated Procedure in Death Row Case (by Chuck Lindell, Austin American-Statesman)
Texas Judge Goes to Trial Over Execution (by Michael Brick, New York Times)
Judge on Trial Says Another Aware of Late Appeal (by Paul Webber, Associated Press)
The Judgment of Sharon Keller (by Michael Hall, Texas Monthly)
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