Chuck Lindell at the Austin American-Statesman has an update on what is going on in the process to determine whether Sharon Keller should be removed from office for incompetence and misconduct, receive some other punishment or be let off. It has been a long time already since Sept 25, 2007 Sharon “Killer” Keller first said “we close at 5” and refused to accept an appeal after 5 PM from Michael Richard on the day of his execution. At her trial in August, Keller said she would not do anything differently if she had to do it over again.

From the Statesman:

Finally, there is movement in the proceedings against Judge Sharon Keller, accused of improperly closing the state’s highest criminal court to a death row inmate on the evening of his execution.

Today, both sides expect to receive transcripts of Keller’s four-day August trial, kicking off two deadlines that will bring the matter closer to a resolution.

Once the transcript is in hand, the defense and prosecution will have two weeks to file proposed findings of fact to District Judge David Berchelmann Jr.

Then they’ll have one week to file objections to the other side’s proposal.

And then it will be up to Berchelmann, whose job as special master requires him to submit his findings of fact to the State Commission on Judicial Conduct. Berchelmann has no deadlines beyond a state law that requires him to act “promptly.”

The Commission on Judicial Conduct charged Keller with violating her duty as a judge and with bringing discredit upon the judiciary when she refused to keep the court open for an after-hours appeal by death row inmate Michael Richard in 2007.

The 13-member commission will rely on Berchelmann’s findings to decide among three options: drop the charges, censure Keller or suggest that she be removed from office.

A removal recommendation would kick off an entirely new proceeding before a specially created panel of seven appellate court judges.

The Todd Willingham tragedy has proven that Texas is capable of executing innocent people. On October 27, 2009, Texas is scheduled to execute Reginald Blanton, who has always proclaimed his innocence. After the Willingham execution, Texas can not take any more risk of executing another innocent person. Texas should halt all executions and conduct a comprehensive study of the entire Texas death penalty system. It is irresponsible for Texas to carry on with executions in light of what we know about Todd Willingham.

On Saturday, October 10, friends and family of Reginald Blanton will hold a rally at the Bexar County Courthouse in San Antonio. This is the same location where the trial of Judge Sharon Keller was held in August.

Below is a video of a powerfully emotional plea for her son’s life from Reginald’s mother, Anna Terrell. She spoke at a rally in Austin last month. Click here to watch it on YouTube.

Saturday, October 10, 3:00 PM
Location: San Antonio Courthouse, 100 Dolorosa

Below is an excerpt from an email we received from CEDP-Austin:

Texas plans to take the life of death row prisoner Reginald Blanton on October 27. Reginald’s case is riddled with injustice. He was convicted of killing his best friend Carlos Garza over jewelry. The evidence against him is of two witnesses: his brother and his brother’s then-pregnant girlfriend. Both have said they were threatened by the police with being charged with the crime. During his trial, African-Americans were excluded from the jury. There was no DNA, no fingerprints, and no murder weapon found. The only physical evidence, a shoe print on the door of Mr. Garza’s apartment, failed to match to Reginald. In addition, there were glaring problems with his Appeals attorney at the state level. Join us in telling the state of Texas that Reginald Blanton deserves a new day and court and to STOP THE EXECUTION!

WFAA is reporting that Senator Whitmire will hold a hearing of the Senate Criminal Justice Committee on November 10 to hear from the new chair of the Texas Forensic Science Commission about the Todd Willingham investigation.

“I’m concerned about the process,” said Sen. John Whitmire, (D) Houston. “It looks to me like it might have gotten off schedule and where do you go forward? Where we go from here is my greatest concern and my responsibility.”

Texas executed Willingham in 2004 for the arson deaths of his three young daughters in Corsicana on Dec. 23, 1991.

But, as the Texas Forensic Science Commission investigated whether Willingham was innocent and convicted on junk science, Gov. Rick Perry, who faces a tough reelection in March, replaced that commission’s chairman.

The governor’s new appointee, John Bradley, a respected district attorney in Williamson County north of Austin, canceled the upcoming hearing, essentially stalling the truth.

Bradley told News 8 he first has to get up to speed on what the Forensic Science Commission does before he moves forward. He would not say when he would call a meeting, or more importantly, whether he would even revive the Willingham investigation.

But, Whitmire, who authored the bill that created the Texas Forensic Science Commission, said he will call a special hearing of the Senate’s Criminal Justice Committee on November 10 in Austin in order to urge Bradley to continue the Willingham investigation and explain what he needs to do a “first class job.”

“He’s not going to stop the truth from coming out, though,” said Gary Udashen, a Dallas attorney and board member for the Texas Innocence Project.

He praised Whitmire for pushing the investigation forward.

“Good for Senator Whitmire,” Udashen said. “Somebody needs to pursue this. The governor’s going to do what he can to stop this. I don’t think he can fire Sen. Whitmire, so good for him.”

“I know John [Bradley] hopes to some day run for something bigger,” Sen. Whitmire said. “So, here’s his opportunity for him to do the right thing, and I’ve told him that.”

Whitmire said he would give Bradley a month to make a plan and get familiar with issues the Forensic Science Commission faces. Willingham’s case is a potentially embarrassing one that could determine whether Texas executed an innocent man.

Glenn Smith, on his blog Dog Canyon, reports that Rick Perry and his lackeys tried to defund the Texas Forensic Science Commission during the last session of the Texas Legislature.

Capitol sources confirmed today that Perry’s office worked hard to kill funding for the Texas Forensic Science Commission during the last legislative session. “They knew what was coming,” said one source. “They worked the halls hard to defund the agency.” That news could be devasting to Perry’s public argument that his dismissal of his three appointees was “business as usual.”

Smith also reports on his interview with Dr Craig Beyler, the scientist hired by the Texas Forensic Science Commission to write the report on the Willingham fire.

it may have been that his campaign considered any public airing of the issues to be potentially dangerous.

Perry faces a tough primary battle against U.S. Sen. Kay Bailey Hutchison. But Hutchison has said little about the matter, except to say she’s a strong supporter of the death penalty and that she doesn’t know why the hearing was not allowed to proceed.

It was clear from talking to Beyler today that he wants to steer clear of the politics. He’s a scientist, and we could tell from the tone of his voice that he was somewhat embarrassed by the politicization of a matter that should be based on an open discussion of the facts. He said he had helped reporters and others understand technical details of his report.

The 10th Annual March to Abolish the Death Penalty is October 24 in Austin.

Join Us at the Next Planning Meeting for the 10th Annual March to Abolish the Death Penalty, Wednesday, October 7th @ 7PM.

Double Dave’s Pizzaworks on Duval St.

Double Dave’s Pizzaworks – www.doubledaves.com
3000 Duval St, Austin – (512) 476-3283

www.marchforabolition.org

If you need directions, call Scott at 512 552 4743.