In March I wrote a diary on Street Prophets about Chief Judge Sharon Keller of the Texas Court of Criminal Appeals who faced removal from office or at least a reprimand after failing to keep her Court open to receive a last minute death penalty appeal.
Yesterday the Texas system coughed up an exoneration for her:
Sharon Keller, the state's highest criminal judge, should not to be removed from office or even reprimanded for her role in a 2007 controversy that resulted in Texas executing an inmate without his final appeal being heard in court, a special judge said.
As before, I am reminded of Mordred:
It's not the earth the meek inherit, it's the dirt Honesty is fatal, it should be taboo Diligence-a fate I would hate
Keller made several questionable decisions on the night inmate Michael Richard was executed. . . .
Keller . . . was charged by the State Commission on Judicial Conduct with violating her duty as a judge and with bringing discredit upon the judiciary.
Keller generated international headlines when, with Richard's execution about an hour away, she declined a TDS request to keep court offices open past 5 p.m. to receive an appeal based on a U.S. Supreme Court decision earlier that day, Sept. 25, 2007. Richard was executed later that night.
declined a TDS request to keep court offices open past 5 p.m. to receive an appeal based on a U.S. Supreme Court decision earlier that day, Sept. 25, 2007.
Sorry, It's 5:00! Time's up, even though your ground for appeal only came into being earlier today. A few hours is long enough for "a criminal" in Texas.
Her own appeal has endured since March of 2009.
Some equal standing.
The Austin American-Statesman reports a complete victory for Keller before the Special Judge who heard her trial last August:
Though Keller made several questionable decisions on the night inmate Michael Richard was executed, the blame for Richard's missed appeal lies squarely with his defense lawyers at the Texas Defender Service, or TDS, according to findings by District Judge David Berchelmann Jr.
Berchelmann's findings adopted almost every major argument made in Keller's defense, and her lawyer said such an emphatic victory should prompt the commission to drop its charges.
Justice remains possible although improbable:
The 13-member commission will consider Berchelmann's findings — gleaned from evidence presented during a four-day August hearing — at an as-yet unscheduled public meeting. Commissioners can dismiss the charges, reprimand Keller or recommend she be removed from office.
Equality under the Law?
Due Process for all?
Not in Texas. More process than is due to and superior standing under the law is accorded to Chief Judge Keller than to litigants before her. Apparently those who dare approach her Court seeking Justice enjoy neither equality nor due process. She cannot be bothered to keep open the Court House door after 5:00 p.m., even though a defendant's life hang in the balance.
You'll never find a virtue unstatusing my quo or making my Beelzebubble burst Let others take the high road, I will take the low I cannot wait to rush in where angels fear to go With all those seven deadly virtues free and happy little me has not been cursed
UPDATE * * *
The Special Judge's complete findings are here:
FINDINGS OF FACT (pdf)