Apparently, there are more things going wrong in Travis County District Attorney Rosemary Lehmberg’s office than just her arrest and three weeks in jail for drunk driving. She is also not supervising her Assistant DAs well enough to prevent things like this from happening.
From the Facebook page of Remove Rosemary Lehmberg:
Louis Castro Perez is on death row for a 1999 triple murder in south Austin. He maintains his innocence, and is fighting for testing of DNA from the scene. As you know, capital murder cases go through a lengthy appeal process. The appeals in this case are ongoing.
Here are the documents in the link (I highlighted the most important parts):
1. Order Withdrawing Execution Date and Death Warrant (12/4/2012)
2. Death Warrant (11/27/2012)
3. Case Docket Chronology from Perez’s ongoing appeal
Here’s the chronology suggesting incompetence:
08/29/2012: Perez files a Motion to Vacate Judgment. (This motion stays pending until 12/18/2012, with more appeals that follow it.)
11/27/2012: A Travis County Assistant DA (unnamed) makes a representation to Judge Karen Sage (a relatively new judge) that all of Perez’s appeals have been exhausted. Judge Sage therefore issues a “Death Warrant,” setting Perez’s execution by lethal injection for March 21, 2013. (However – his appeal is still pending!)
12/04/2012: Judge Sage issues what I describe as a somewhat frantic and frustrated order (based on my experience with judges’ tone) WITHDRAWING the execution order that was issued in November, stating:
“The Court’s action was based entirely on the representation of the Assistant District Attorney in this matter that all appeals and habeas proceedings had been concluded. … Had the Court understood this motion was pending, it would not have issued the Order or Warrant.”