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Communist
28th August 2009, 20:00
http://graphics8.nytimes.com/images/2004/12/04/national/05texas.184.2.jpg (http://www.cemetery.state.tx.us/pub/user_form.asp?step=1&pers_id=3265)
Sharon Keller

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Highest criminal judge in Texas on trial (http://www.workers.org/2009/us/texas_0903/)

By Gloria Rubac
Houston

Published Aug 27, 2009 9:12 PM

Texas already had a reputation for executing death row prisoners at a rate unparalleled anywhere else in the United States.

But progressive activists, attorneys, judges and legal ethicists did a double-take on Sept. 25, 2007, when Texas highest criminal judge responded to a plea for 20 extra minutes to file an appeal for a prisoner set for execution at 6 p.m. that evening with Tell them we close at 5.

Judge Sharon Killer Keller, as she has been nicknamed by death penalty opponents, arrogantly thought that the life of Michael Richard did not matter. She had left work at the Texas Court of Criminal Appeals early that afternoon to meet a repair person at her home. She got a call at home saying Richards attorneys were having computer problems and needed a few more minutes.

Her response of we close at 5 is likely to end her judicial career.

That morning the U.S. Supreme Court had effectively suspended lethal injection as a manner of execution by accepting a challenge to its constitutionality in a Kentucky case.

Richard was executed a few hours later because, without the Texas high court ruling on his appeal, his lawyers could not appeal his case any further. His was the last execution in the U.S. until the U.S. high court ruled in April 2008 that the procedures in Kentucky were not cruel and unusual. There was a de facto moratorium on executions in the U.S. for more than seven months.

Judge Keller was in court this August, but this time she was the defendant. The Texas Commission on Judicial Conduct had filed six charges against her for unethical behavior and bringing disgrace to the judicial process.

On Aug. 17, the first day of trial, dozens of death penalty activists protested outside the Bexar County Courthouse in San Antonio, using amplified sound which echoed off the courthouse to proclaim that Judge Keller should be immediately removed from the bench and disbarred.

Because of her arbitrary decision not to stay open to accept the appeal of death row prisoner Michael Richard, which she made in violation of her own courts rules and without consulting the other judges on the court, Keller should be removed from office, Scott Cobb, president of the Texas Moratorium Network, said on the bullhorn.

The demonstration attracted media coverage from CNN, the New York Times, the Washington Post and the BBC as well as all major Texas media.

During opening arguments, attorneys for both sides tried to convince the reporters, attorneys, bloggers, law students and anti-death penalty activists packing the courtroom that the trial of Judge Keller was not a debate on the death penalty.

But Hooman Hedayati, a leader of Texas Students Against the Death Penalty (TSADP) in Austin, told the news media, By her actions, Keller has herself made this a debate on the death penalty. She did not follow the execution day procedures set by her own court. She is still fulfilling her election campaign promise of being a pro-prosecution judge.

Judge Kellers trial ended after four days of testimony. Her attorney tried to blame death penalty activists and Richards attorneys for causing the judges problems.

The specially appointed judge who presided over the trial is to promptly make a recommendation to the Texas Commission on Judicial Conduct. Keller could receive a reprimand or be removed from the bench.

Whatever happens, Kellers judicial career is over. Even if they decide not to remove her from the bench, she will never get re-elected, commented ex-convict and prison activist Ray Hill, host of KPFT radios The Prison Show. Its over for her.

Emphasizing the same opinion, TSADP posted on their Facebook page that at a hearing on Wednesday, she said in a crowded courtroom that if she had it to do again, she would do the same thing. That testimony is further proof of why Judge Keller needs to be removed from the bench.

Kellers callous disregard for the life of a person facing execution was editorialized by the New York Times last week in an opinion titled An Unfit Judge. It compared Kellers actions to the disturbing dissent that U.S. Supreme Court Justices Antonin Scalia and Clarence Thomas recently delivered in the Troy Davis case. The two judges suggested there was no constitutional problem with executing a man who could prove he was innocent, as long as he had received a fair trial.

Judge Keller is just the tip of the iceberg when you consider the long history of the Texas Court of Criminal Appeals, death row prison leader Harvey Earvin, founder of Panthers United for Revolutionary Education (PURE), told Workers World.

She is the current face of the long, racist history of this court, which has utter contempt for any person on death row. The other eight Republicans on the court may be a bit more subtle than Keller, but they do the ruling classs bidding just the same. Keller had no qualms about executing an innocent Shaka Sankofa in 2000, and she didnt care about executing Michael Richard in 2007. We need to not only get rid of her but the whole legal system that is used against the poor and oppressed in this country.

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respectful87
29th August 2009, 09:27
This doesn't supprise me at all. When we lived in Houston my father was arrested and his "rights" were not read to him until he got to the county jail. One of the tricks they use is arrest you on a Saturday night so you can't do anything until Monday morning. Once he was in county jail he witnessed police brutality first hand. He said a tall African American (about 6'6,6'7) was told to stand against the wall. He did this but apprently the officer was not pleased so he bashed the mans head against the wall busting his nose. He told the African American if he didn't do things to his liking (the officer that is) he would be in deep trouble.

People buy into to the hype of the so called "freedoms" we have and don't want to confront the issue of police brutality. This is because by our societies standard they are "heros". They are only heros to the bourgeois and the upper middle class whom use them as a tool to keep the workers and peasants opressed.

And for the record my father got his own share of harassment. He had been rude to a police officer (the detective called our house 9-10 times a day). He told him to f off (not the best thing to do). Needless to say for vandalising someones house he got more probation and fines than a man whom robbed a taco bell and another whom commited manslaughter. The POS judge "Tommy" Thomas told him "if I ever see you in here again your going away for along time". He was pissed he did not plea guilty.

This is just a personal exsperience I had. It goes to show that things are only equal if you have money to defend yourself. Oh and for the record I am white. It goes to show race is becoming less of an issue. It is no longer a black and white thing but rather a green thing. If you don't have that green your screwed.

Anyways I hope I have been useful somewhat. Oh and my advice to anyone would be don't put youself in the posistion to get caught and if you do: don't piss the cops off.