Approve resolution calling for impeachment of Keller
By STATE REP. LON BURNAM
May 1, 2009

By far, the most profound of powers vested in Texas government is the prerogative to take a human life. The decision to execute an inmate demonstrates the state’s full and ultimate authority. Such a decision should be made judiciously and only in the context of all considerations. Such was not the case with the execution of Michael Richard.

Richard was scheduled to be executed at 6 p.m. on Sept. 27, 2007. The presiding judge of the Court of Criminal Appeals, Sharon Keller, was aware of the impending execution. Judge Keller also knew the United States Supreme Court had announced that very morning its intention to hear Baze v. Rees, in which the plaintiffs argued that the method of execution used in Kentucky was unconstitutional. Because Texas uses the same execution method, Richard had strong grounds for an emergency appeal.

Judge Keller and the rest of the Court of Criminal Appeals were informed by General Counsel Edward Marty to anticipate filings by Richard’s lawyers. Richard was represented by lawyers from the Texas Defender Service. Because of a computer breakdown, Richard’s lawyers called the court clerk’s office at 4:45 p.m. to ask that the office be kept open after 5 p.m. so they could file the appeal. Marty called Judge Keller at home for a decision on that issue. She refused. Although a judge assigned to Richard’s case and other members of the court were available at the court, Judge Keller never told them about the request by Richard’s lawyers. Michael Richard was executed at 8:20 p.m. that night. You can click here now to connect with a lawyer regarding such cases.

The Court of Criminal Appeals subsequently granted stays of execution for other inmates based on grounds identical to those Richard’s lawyers sought to present.

In October 2007, I filed a complaint against Judge Keller with the Texas State Commission on Judicial Conduct. In December 2008, the commission completed investigating the judge, but withheld its report from the public. On Feb. 16, 2009, I filed House Resolution 480, which calls for Judge Keller’s impeachment and removal from office. Later that week, the commission released its report charging Judge Keller with violating the Texas Constitution and Code of Judicial Conduct.

Last week, a group of 24 national experts on judicial ethics issued a statement that Judge Keller has consistently demonstrated a lack of impartiality in cases involving criminal defendants like Richard that violates their constitutional right to due process of law.

Article XV of the Texas Constitution clearly establishes that the Legislature has the power and responsibility to impeach. Section 4 of that article states that an impeached official is also subject to “indictment, trial and punishment according to law.” The impeachment of Judge Keller would neither pre-empt nor interfere with the commission’s investigation, and the commission’s investigation neither pre-empts nor interferes with impeachment.

Impeachment is a serious process reserved for only the most extreme derelictions of the duties of public office. The Texas Legislature has investigated only four state judges since the state’s Constitution was adopted in 1875; Judge Keller is the fifth.

The taking of human life without due process is an extreme dereliction of duty. For the most trivial of reasons — a narrowly missed deadline — Judge Keller callously dismissed a clearly relevant appeal to spare a man’s life. That’s unacceptable.

Because death penalty cases exemplify the state at the zenith of its power, those who adjudicate these decisions must be held to the highest ethical standards. That’s what the impeachment of Judge Sharon Keller is about — ensuring that those who wield power over life and death have the integrity and sound judgment necessary to make such decisions.

We cannot allow a judge with a self-declared bias against capital defendants to continue deciding execution appeals. The best way to promptly get Judge Keller off the bench is through impeachment. That would avoid an additional 18-month deliberation by the commission during which Judge Keller would continue to make life-or-death decisions.

If the Texas House passes H.R. 480, the speaker would appoint a seven-member committee to investigate Sharon Keller. That committee would then report its findings to the House, and a simple majority would be needed to approve the articles of impeachment. Judge Keller would be immediately barred from serving on the bench until the issue is resolved by a trial in the Texas Senate.

I call on every Texan who values the rule of law to contact their state representatives and urge them to vote for H.R. 480, the resolution calling for the impeachment of Judge Sharon Keller.

Burnam, a Democrat, has represented Texas House District 90 in Fort Worth since 1997.

402 is a documentary film on the death penalty that focuses on the execution of John Joe “Ash” Amador, who was executed in Huntsville on August 29, 2007. In August 2007 , a group of London artists went on a journey to Huntsville, Texas, to bear witness and capture on film, the events surrounding his execution and the making of his death mask. One thread of the film is the process of his wife picking up his body after the execution and arranging for the filmmakers to make a death mask of his face. You can watch the film online here (This is the 2008 edit. 402 will be re-launched in 2009 with a fresh edit.)

The film includes interviews with many people, including the former warden of The Walls Unit, Jim Willet and Billy Moore who was on death row in Georgia for 16 1/2 years after being sentenced to death in 1974. There are scenes of protesters outside the Walls Unit on the day of the execution. It deals a lot with the difficulties of the family dealing with the death penalty system.

Pictured above from top left – Nick Reynolds, Connie Wright, Lucinda Wild, Matt, Carrie Richards, Lisa Prieto, Paul Blackwood, Linda Amador.

We are contacting the filmmakers to see if they have any plans to show the film in Texas.

At one point in the film, they talk about the then-pending execution of Kenneth Foster, scheduled for the day after Amador’s execution and how Kenneth had no part in the murder, he was only driving the car. Watch for a photo of Kenneth Foster, sr, who has been working with us lobbying the Texas Legislature on ending the death penalty under the Law of Parties.

The trailer is below.

John Amador was one of the artists in Texas Moratorium Network’s 2006 art show “Justice for All?: Artists Reflect on the Death Penalty with a painting he produced for the artshow.

From Punkvert film’s website:
Punkvert’s latest film creation is “402” – an AV documentary about the death of John Joe Amador – “Ash” to his friends.

Ash was executed by the State of Texas on 29th August 2007. The Baroness von Reichardt accompanied Ash’s wife Linda in the Huntsville Death Chamber. After the execution artist Nick Reynolds made a death mask of Ash, with full permission and blessing of Ash and all his friends and family.

Paul Blackwood and other members of the group captured this both most sorrowful and amazing event on camera. The tale unfolds in the film and is one of the strangest creations yet screened in British underground cinemas.

402 the film came out Autumn 2008 and premiered to a packed house at the Portobello Film Festival on the 10th September at Inn On the Green. with no seats left in the house, supporters came to sit on the floor and stand throughout the 77 minute film.

The AV nature of the film and the original score composed by Paul Blackwood is complimented with music from Dizzi Dulcimer, Sandy Dillon, The Doomed Bird of Providence, Nick Reynolds, Alabama 3, Tom Antona, Anarchistwood and nomeansno.

Interviewees in the film include Tony Benn, Paul Blackwood, Gerry Conlon, Paddy Hill, Arthur Mallinson, Billy Moore, Lisa Prieto, Nick Reynolds, Carrie Richards, Clive Stafford Smith, Lucinda Wild, Jim Willett, Connie Wright.

Sharon Keller is playing the blame game again. This time she is blaming her daddy. From the Dallas Morning News

The state’s top criminal appeals court judge has amended her personal financial statement to disclose more than $2.4 million in property and income that she had not previously reported to the state, as required by law.

In a sworn statement filed in Austin earlier this week, Sharon Keller said she omitted more than two dozen properties, bank accounts, income sources and business directorships because her elderly father on one of the Class 3 road mobility scooters in Dallas had not told her about them.

“My father, Jack Keller, over a number of years has acquired and managed, without input from me, all of these properties,” Keller wrote in a filing with the Texas Ethics Commission meant to correct the annual report she made in April 2008.

Andrew Wheat, research director of Texans for Public Justice, an Austin watchdog group that filed the complaints over Keller’s nondisclosures, suggested that the judge would not be swayed by others’ pleas of sloppiness.

“If a defense attorney in a death penalty case before Judge Keller’s court filed briefs as carelessly as Keller filed her financials, the client in question already would have been executed,” he said.

Keller, a former Dallas County prosecutor, is part of a well-known East Dallas family that operates a popular chain of drive-in hamburger restaurants.

Her father has formed more than a dozen real estate companies. Ownership of many of those companies is divided among his four children, with their father serving as business manager.

“Her father completely controlled a huge aspect of her financial life,” Shack said.

Kids Against the Death Penalty are the 2009 Youth Abolitionists of the Year. They spoke at the rally at the Texas Capitol in Austin to support HB 2267 by Rep Terri Hodge in the Texas Legislature. The bill would end the death penalty under the Law of Parties. KADP includes relatives and friends of Jeff Wood, who is on death row in Texas even though he never killed or even hurt anyone. He was convicted under the Law of Parties.

Kids Against the Death Penalty are part of Texas Friends and Allies Against the Death Penalty, which have been nominated for the Social Media Leadership Award. You can vote for them to win along with the other Texas groups at this link by leaving a comment.

Watch video on YouTube.

KADP includes:

Gavin Been Founder and President of KADP
Nick Been 1st Vice President
Nathan Been -2nd Vice President
Carissa Bywater Secretary and Committee Chair
Paige Wood Board Member
Cory Bywater – Board Member
Deanna Nickell – Board Member
Tanner Tucker Board member
Jasmine Scott -member

Come and show Texas lawmakers that you support House Bill 2267 which calls for ending the Death penalty as it applies to the law of parties!!!

Saturday, May 2, 2009
Time: 1:00pm – 3:00pm
Location: Capitol in Austin Texas
Street: 11th & Congress
City/Town: Austin, TX

Description
COME JOIN US…
While we march in support of and speak out for House Bill 304, House Bill 2267, and House Bill 913!!!!

Date: May 2nd, 2009
Time: 1 PM
Location: In front of the Texas Capitol (Sidewalk at 11th & Congress)

Come stand in SOLIDARITY with family members, and friends of those who are affected by the barbaric Law of Parties. Bring your friends, and raise your voices with us as we speak out about the INJUSTICE of killing men/women who are factually innocent of murder!

You can HELP!!! The time to act is NOW!!!! You can make a difference one signature and vote at a time!!!

1 + 1 + 1 + 1 + 1 + 1 + 1 + 1 + 1 + 1 + and so on!!!!!

Please visit the following site and Sign this petition @

http://www.thepetitionsite.com/1/Challenge-the-Texas-Law-of-Parties

Members of the Following organizations will be on hand to speak out against the Law of Parties and for House Bill 304 and House Bill 2267: Texas Moratorium Network, Texas Death Penalty Abolition Movement, Texas Students Against the Death Penalty, CEDP, KADP and many more!!!

Sponsored by: Friends and Family of Jeff Wood!