Sign the judicial complaint against Keller.

Wife of executed killer blames judge for husband’s death

By Rucks Russell / 11 News

Marsha Richard has spent the last 40 days consumed by what-ifs.

What if Judge Sharon Keller, who presides over the Texas Court of Criminal Appeals, had allowed her husband’s last minute appeal to move forward?

What if Michael Richard, who raped and brutally murdered a 53-year-old nurse, had been spared death by lethal injection?

“He was denied due process. She basically stopped his appeal. Stopped his appeal from reaching the court,” Marsha Richard said.

Her husband’s fight to live ended in a Texas death chamber on September 25, the same day the U.S. Supreme Court agreed to hear a Kentucky case challenging the constitutionality of lethal injection.

Richard’s attorneys wanted to file a similar appeal, but they were minutes late – Judge Keller had closed her office.

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Michael Richard

That spawned protests outside her home last week and a federal lawsuit, filed in Houston Wednesday.

“There is no doubt that were it not for the unilateral actions of Sharon Keller, that Michael Richard would be alive today,” attorney Randall Kallinen said.

Kallinen said he wants Keller sanctioned and civil rights damages for Richard’s wife.

No one at the judge’s officer returned 11 News’ calls, but legal expert Professor Gerald Treece said the law protects her.

“Why not give him a few extra minutes. We’re talking about literally somebody’s life,” Marsha Richard said.

For those who believe the judge went too far, the fight is far from over.

Today,November 7, 2007, the American Rights Association will hold a press conference announcing the filing of a federal lawsuit in Houston, Texas, on behalf of the wife of Michael Richard against disgraced Judge Sharon Keller who caused the death of inmate Michael Richard, September 25, 2007, when she stopped the Texas Court of Criminal Appeals from hearing what would have been a 100% successful appeal to stay Mr. Richard’s execution.

Judge Keller violated her solemn oath as a judge and attorney when she unconstitutionally, without any authority, prevented the now deceased Michael Richard from having his case reviewed by a court as was his right under the law by ordering the court closed. Other judges were diligently waiting for the appeal which never came. Every execution date since Michael Richard’s has been stayed because the Supreme Court of the United States has decided to hear a Kentucky case whether lethal injection executions are Cruel and Unusual Punishment under the Constitution.

When Judge Keller, without legal authority, closed the court to Richard’s appeal she violated his due process rights as well as the Texas Constitution guarantee that all courts shall be open, and every person ¦shall have remedy by due course of law.

A press conference will be held with the wife of Michael Richard.

WHERE: Federal Courthouse, 515 Rusk, Houston, Texas
TIME: Wednesday, November 7, 2007, 3:00 pm
CONTACT: Randall Kallinen
President, American Rights Association
713/320-3785; attorneykallinen@aol.com

The Houston Chronicle is reporting that “the Texas Court of Criminal Appeals said Tuesday it will accept emergency e-mail filings in death penalty cases in an effort to avoid a repeat of the nationally controversial execution of Michael Richard.”

This is a good development and will probably prevent a rogue judge like Sharon Keller from unethically and unilaterally refusing to accept an appeal on the day of an execution in the future without consulting the duty judge.

The new rules say that the decision to accept will be made by the “duty judge”, who will “decide whether to accept delivery of the pleading on an emergency basis pursuant to TEX. R. APP. P. 9.2(a)(2).”

The duty judge for the Michael Richard execution was not consulted on the day of his execution. The decision to close the court at 5 and refuse to accept his appeal was made unilaterally by Sharon Keller, which is why she should be removed from office. She should have applied a basic set of ethical standards as is required in the Code of Judicial Conduct. By acting alone, and by not cooperating with the other judges on the court, she denied Richard his constitutional rights.

Sign the complaint against Keller.

There will be a protest at the Texas Court of Criminal Appeals on Wednesday, November 14, starting at 4:45 pm to call for the resignation of Sharon Keller. Her resignation or removal from office is the only way to restore integrity to the office of Presiding Judge of the Texas Court of Criminal Appeals.

SharonKiller.com

Here are the new CCA rules in death penalty cases and other emergency filings:

In the event that an emergency e-mail filing is necessary, you must follow the steps listed below:

1. You must first phone the Clerk’s Office of the Court of Criminal Appeals between 8:00 a.m. and 5:00 p.m. at (512) 463-1551, to inform the Clerk that you will be sending an emergency e-mail pleading. Pleadings sent by e-mail may not exceed 5MB.

2. You will e-mail your emergency pleading by clicking this e-mail link: CCA Emergency E-Mail and attaching the pleading. In your e-mail, you must include your name, address, telephone number, and Texas State Bar Card number. You must also e-mail the pleading to all those who must be served under TEX. R. APP. P. 6.3 or any other applicable rule.

3. You must confirm by phone that the e-mail filing was received by the Clerk of the Court of Criminal Appeals or the Clerk’s designated agent. A representative of the Court will then send a reply e-mail verifying that your filing has been received by the duty judge who will then decide whether to accept delivery of the pleading on an emergency basis pursuant to TEX. R. APP. P. 9.2(a)(2).

4. You must file your pleading in standard paper format, with the required number of copies, in the Court of Criminal Appeals Clerk’s office by 9:30 a.m. Central Time the next business day.