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US judge 'ignored death row plea' | US judge 'ignored death row plea' |
(about 1 hour later) | |
A prominent judge in Texas has gone on trial accused of refusing to let lawyers for a convicted murderer on death row lodge a last-minute appeal. | |
Sharon Keller is charged with professional misconduct. | Sharon Keller is charged with professional misconduct. |
The prisoner, Michael Wayne Richard, was put to death hours after she allegedly shut the court, despite being told an appeal was imminent. | The prisoner, Michael Wayne Richard, was put to death hours after she allegedly shut the court, despite being told an appeal was imminent. |
Half of all executions in the US last year were in Texas where critics have dubbed Judge Keller "Sharon Killer". | |
She is known for her tough stance on the death penalty. | She is known for her tough stance on the death penalty. |
Just hours before his scheduled execution in September 2007, lawyers for Richard tried to lodge an appeal with Judge Keller, the presiding judge of the Texas Court of Criminal Appeals. | Just hours before his scheduled execution in September 2007, lawyers for Richard tried to lodge an appeal with Judge Keller, the presiding judge of the Texas Court of Criminal Appeals. |
Their efforts were delayed by computer glitches and when they phoned the court to request extra time, they say they were told court closes at 5pm. | Their efforts were delayed by computer glitches and when they phoned the court to request extra time, they say they were told court closes at 5pm. |
Richard, convicted of sexually assaulting and murdering a woman 20 years ago, was put to death by lethal injection some three hours later. He became the 26th person to be executed in Texas that year. | |
'Confusion' | |
His lawyers allege that Judge Keller deliberately ordered the courthouse to close at 5pm, knowing a last-minute appeal was imminent. | |
The State Commission on Judicial Conduct said the judge had engaged in "wilful or persistent conduct that cast public discredit on the judiciary". | |
Judge Keller's lawyers say she meant that the court building closed at that time, but that there was an after-hours judge on duty who would have accepted the appeal. | Judge Keller's lawyers say she meant that the court building closed at that time, but that there was an after-hours judge on duty who would have accepted the appeal. |
"This whole case is about the confusion between the word 'court' and 'clerk'," Chip Babcock said, adding: "There is no question the clerk's office closes at 5pm. That does not mean there aren't after-hours filings." | |
It is common practice to keep the courthouse open in death penalty cases. | |
State prosecutors have charged Judge Keller with five counts of professional misconduct. | |
If found guilty, she could lose her position on the State Appeals Court, a demotion that could end her career. | If found guilty, she could lose her position on the State Appeals Court, a demotion that could end her career. |