Tuesday, October 12, 2010

SHARON KELLER: MICHAEL WAYNE RICHARD CASE: WHERE WAS KINDNESS? WHERE WAS COMPASSION? COLUMNIST ASKS; TIMES RECORD NEWS;


"The State Commission on Judicial Conduct sanctioned Republican Judge Sharon Keller, the presiding judge of the Court of Criminal Appeals, for failing to keep her office open past 5 p.m. on the day Michael Wayne Richard was scheduled to die. As I understand it, the law requires that on the day of any execution, the court must be open for appeals right up to the moment of execution. A man’s life was at stake and she couldn’t be bothered. He was a child of God as all of us are. He was executed at 8:23 p.m. Where was kindness? Where was compassion? Yet she is asking us to re-elect her. I urge you to vote for her opponent Keith Hampton."

ROBERTA SUND: TIMES RECORD NEWS; Roberta Sund is described as, "a retired educator and community volunteer living in Wichita Falls."

Wikipedia informs us that: "Times Record News is a daily newspaper based in Wichita Falls, Texas, USA since 1907. It is owned by the newspaper group, The E.W. Scripps Company."

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BACKGROUND: Justice Sharon Keller has attained notoriety for allegations that she allowed convicted murderer and rapist Michael Richard to be executed on September 25, 2007 - notwithstanding his attempt to file a stay of execution - because the court clerk's office closes at 5. Keller is of particular interest blog because of the opinion she wrote for the majority in the Roy Criner case. Wikipedia informs us that: "Sharon Faye Keller (born in Dallas, Texas, 1953) is the Presiding Judge of the Texas Court of Criminal Appeals, which is the highest court for all criminal matters in the State of Texas. Because of her position, she has been involved in many high-profile and controversial cases, and has thus received widespread news coverage......In 1998, Keller she wrote the majority opinion in a 5-3 (one judge abstaining) decision that denied a new trial to Roy Criner. Criner had been convicted of sexual assault in 1990, but newly-available DNA testing had shown that the semen found in the victim was not his......Judge Tom Price, who ran for the Chief Judge seat, in a primary election, said that Keller's Criner opinion had made the court a "national laughingstock." Judge Mansfield, who had sided with the majority in denying Criner a hearing, told the Chicago Tribune that, after watching the Frontline documentary, reviewing briefs and considering the case at some length, he voted "the wrong way" and would change his vote if he could. "Judges, like anyone else, can make mistakes ... I hope I get a chance to fix it." He stated that he hoped Criner's lawyers filed a new appeal as he felt Criner deserved a get a new trial......Following the (appeal court's) refusal to order a new trial, the cigarette butt found at the scene (and not adduced at trial) was subjected to DNA testing.The DNA on the cigarette was not a match for Criner, but it was a match for the semen found in Ogg. Ogg's DNA was also found on the cigarette, indicating that she shared a cigarette with the person who had sex with her (and who presumably killed her). These results convinced the district attorney, local sheriff and the trial judge that Criner was not guilty. The Texas Board of Pardons and Paroles recommended he be pardoned and, citing "credible new evidence [that] raises substantial doubt about [Criner's] guilt," then-Governor George W. Bush pardoned him in 2000.

The thorough, unabridged Wikipedia article on Keller can be found at:

http://en.wikipedia.org/wiki/Sharon_Keller

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PUBLISHER'S NOTE: The Texas courts may be able to throw out the Keller charges and immunize her from further appeals, but they cannot stop individuals from reaching conclusions about the morality of her action in frustrating the appeal of a death row inmate because the office closes at 5.00 PM - and from assessing her character and humanity. The following commentary published before the recent appeal court decision taking Keller off the hook - makes this point exceptionally well.

HAROLD LEVY; PUBLISHER; THE CHARLES SMITH BLOG;

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"I know cruelty has always been with us, but I am alarmed at what seems to me a rampant increase in public cruelty," Roberta Sund's Times Record News column published on October 10, 2010, begins, under the heading, "Where has all the kindness gone?"


"Young people who bully their contemporaries until suicide seems their only recourse. Websites have anonymous postings that are unbelievably cruel and crude. So called “Christians” harass outside military funerals carrying atrocious, mean placards,"
the column continues.

"God is love. I learned that from my kindergarten Sunday school teacher. Here in Wichita Falls I see God/love in many places — at Interfaith Ministries where help is provided for those in emergency situations, at Habitat for Humanity where people help others build homes for themselves, Meals on Wheels which feeds the hungry, the prison ministry, the Circle of Hope that provides help for HIV/AIDS sufferers, the NOSA/NODA program at United Regional Hospital that calls on volunteers to see that no one stays alone or dies alone in the hospital, Patsy’s House and Rainbow House that help abused children plus many, many more nonprofit agencies. I see it in the kindness shown to strangers who need a helping hand due to fire, unexpected death or monstrous medical bills when fundraisers are quickly organized to provide help.

Bill and Melinda Gates have shown God’s love to the villagers in India where they are using their fortune to provide clean water, lower the infant death rate and fight HIV/AIDS. They have donated billions to help community colleges educate the less privileged of our world. The Gates and Warren Buffett have challenged other billionaires to give half their income to charity. Surely, we can all see God/love in this.

But where is God/love in the efforts of lobbyists who seek to put corporate profits ahead of healthy air? Where is God/love in the campaign to do away with health care for the poor who are forced to put off treatment until it’s too late? Where is God/love in the TV shows that seem to glorify violence, greed, meanness and vengeance. Where is God/love in those cruel, anonymous Internet postings. Where is God/love in the bullying that causes young people to take their own lives? Where is God/love in the flaunting of wealth and greed when children are going to bed hungry?

The State Commission on Judicial Conduct sanctioned Republican Judge Sharon Keller, the presiding judge of the Court of Criminal Appeals, for failing to keep her office open past 5 p.m. on the day Michael Wayne Richard was scheduled to die. As I understand it, the law requires that on the day of any execution, the court must be open for appeals right up to the moment of execution. A man’s life was at stake and she couldn’t be bothered. He was a child of God as all of us are. He was executed at 8:23 p.m. Where was kindness? Where was compassion? Yet she is asking us to re-elect her. I urge you to vote for her opponent Keith Hampton."

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The story can be found at:

http://www.timesrecordnews.com/news/2010/oct/10/where-has-all-the-kindness-gone/

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PUBLISHER'S NOTE: The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be accessed at:

http://www.thestar.com/topic/charlessmith

For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:

http://smithforensic.blogspot.com/2010/08/new-feature-cases-issues-and_15.html

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;