Even though it appeared that Richards appeal would not alter the rule of Judge Kelley, the contention surrounded the three-drug concoction used for execution is sufficient grounds for appeal. If nothing else, Kelley should be reprimanded for her brazen cruelty and malice towards criminals and her intractable manner in dealing with court practices. It would appear that she is unremorseful and unflinching in regards to her conduct, which shows her as foolish and incompetent. I believe that her behaviour towards the court system and decisions made bar her from serving as a death row judge and as the final say for appeals made before execution.
If I just need to make it simple it would be your favorate phase "Law is a commodity"...I would take a page of note from Karl Marx...this is a case where someone who is in a position of authority have taken on a image that it is just human nature for those with power to that power to benefit themselves. She probably just wanted to get out of there and cared less about an individual who had two appeal turned down previously...pass it on to Joe Willy the night shift judge. She also have the case of Strain theory of delinquency for Durkheims' content that old norms break down and people lack controls of their behavior. Reading the information from the article I would say she made a terrible mistake and should be removed from such a position but we as a society want people in those position to assess, analyzes, and make judgemental decision to the full exact extent of the law to the very end regardness of what time of day it is.
Judge Keller is the judge of the highest court in all criminal matters in the State of Texas. In her capacity as Presiding Judge of the Texas Court of Criminal Appeals, she was confronted with a last minute challenge to the execution of Michael Richard. Richard was to be executed for the brutal rape and murder of Marguerite Dixon, a Houston-area nurse and mother of seven. He was twice-convicted and previously failed numerous appeals. It appears Richard’s attorneys were trying every last minute challenge they could think of to no avail. In fact on the day of the scheduled execution the U.S Supreme Court in Washington D.C refused a last minute challenge to Richards execution. However, later that same morning this court granted a review in a Kentucky case challenging a three-drug combination used in executions. Since Texas uses a similar drug combination in their executions the defense attorneys jumped on this challenge and used it as an appeal, the only appeal they could think of to save Richards sorry life. Richard’s lawyers wanted the date of the execution postponed pending the decision of the U.S Supreme Court on the Kentucky case. I further researched the Richard appeal and found that both Judge Keller and all other judges in her district were aware of the impending execution and the Supreme Courts intention to hear the Kentucky Case. Edward Marty, counsel for the court immediately began writing an order denying the motion, expecting an appeal from the defense attorneys. The defense attorneys did not notify Judge Keller of their appeal and request for the clerk’s office to remain open late, until after 4:00pm. Judge Keller denied their request; Judge Johnson was on call to receive all last minute appeals. So you tell me, is Keller at fault? No, absolutely not, she demonstrated the duties of her office both professionally and with respect. The defense attorneys used Keller as a scapegoat to gain notoriety for themselves and to falsely blast a respectable Judge. These are common tactics used by the defense when they have no defense. Excuse me why did the defense attorneys not call Judge Johnson, sounds as though Judge Keller was set up!
That was an AWESOME! Thank you for the legwork in finding out the facts around what really went down. That just goes to show that the media can represent things to us for us put helps no one. In regards to the case I am glade I am not a judge. I would have not allowed the appeal either because enough is enough. He was still going to be executed for his crimes; he has wasted enough of our resources on trials, and taken too much from those children. Too bad there is not a law or something for his case that would have allowed us to say ok, you don’t want the lethal injection so instead a beheading or something that would be cheaper than the lethal injection. That would be a better justice than what happened to the judge that just said no. It wasted more time and money. I don’t know what to say sometimes about the justice system. We are worried so much about the innocent being punished or being executed that we end up letting the guilty of too go so worse in our society. Enough of the red tape and political correctness, something must be done!
Judge Keller was doing her job, when she said, “No” to the lawyers who wanted her to stay past 5 o’clock. Why should ever one that works there have to stay for one criminal to appeal his case? Why did the lawyers wait so long to take action for appealing Richard’s case? This case was not new to the lawyers and they had all day till 5 o’ clock to take action. These hours have not changed in years, so it is not like they did not know how the system works. The brutal rape crime that Richard committed against Marguerite Dixon should have not had any loop holes for him be able to appeal his case. When other judges are not against what Judge Keller did, then why does one continue to make Judge Keller look as if she did wrong? One thing that is for sure they should never try to blame Judge Keller for Richard’s death, because the saying goes if you commit the crime then you better be willing to do the time, and his time was up.
I do not believe that Judge Keller should be blamed for Richard's death. I think that would be a tad over dramatic. I do however believe that Keller should recieve some sort of punishment (ex. suspention of some kind). Keller is more than anything displaying McDonaldization. She is obviously trying to make things easier and more convenient for herself rather than properly do her job. Any peron who has held any sort of job ever in their life should know that you do not always get out of work right when you are supposed to. I work at a daycare and I cannot count how many times I have had to stay passed closing to watch children whose parents are running late, or who could not find someone to pick their kids up on time, or even who just take their time and come to get their kids when they feel like it. I see it as part of my job. It is what I am getting paid to do. Making money is not always convenient. The phrase that Dr. Gullion uses in class also comes up that "law is a commodity". Obviously murder is a more serious crime than a white collar crime, but let's just say Richard was the CEO of a major company who was convicted of stealing money. Would Keller have stayed for this case? If Richard had money to fight harder in court would he have still been alive? After witnessing cases like the O.J. trail it goes to show you how far money can get you.
Disclaimer: I have a severe bias towards this subject. There, now you can't say I didn't warn you. When you take into consideration that a human life is at stake, you'd expect that judge would keep her court open long enough to listen to an appeal. In texas, appeals are automatically sent to the highest court in Texas, the Texas Supreme Criminal Court of Appeals.
Is this Judge so desensitize in her job that when someone life is hanging in the balance is unwilling to perform her job truthfully, faithfully as an legal obligation to the people. Dr. Gullion your are correct in McDonaldization. She seemed to have rationalized and found the single most efficient method for completing her job in upholding the law and that was not to keep her court open past 5 p.m. and her feeling of humiliation. What a country we live in. Beccaria wrote that oaths were useless and in her case that seems to be correct. That no oath can ever make anyone do their jobs to preserve, protect and defend the people.
Well! I want to be moving to Colorado anytime soon. There were so many signs giving off by this individual that should have been investigated earlier, especially by his family who is the sole source of not taking any actions. To many times we here of individuals being cared by a family member that seem to turning their cheek the other way, when they know this form of behavior is not accepted in the norm of society. What is a school suppose to do...they have procedures that all visitors and parents are to sign in at the office. But that not enough for the safety of our kids. The shooting did not occur in the building. He began his shooting in the parking lot. It was truly a blessing for the teacher to have been in a position to stop any further damages. I guest now we are going to build fences with an intercom system and gate guard that will be errected at a safe distance prior to allowing anyone to enter of school grounds for safety reason. But you already know what is going to to be the driving force of not allowing this to happen. (Who is going to pay for it). Better yet certify our kids to wear guns....Go back to Wild West Frontier....Im for it now....to many incidents are occuring for you not to be aware and alert against...the talk is cheat. Show some physical action to prevent these incidents from occurring again.
I do believe that Judge Keller should be reprimanded for her actions because of the fact that she did not follow protocol. I understand that a person on death row life was on the line to file this appeal, however, at the same time his attorney was running late. I would first want to know what was so important that made his attorney late to file this last minute appeal in the first place. However, that is just human nature in wanting reasoning behind that. The real issue is that Judge Keller should have followed the protocol in directing the call the appellate judge on duty for the night to handle, but because she chose not to follow the rules then she should be dealt with appropriately. I do not believe a “slap on the wrist” is sufficient in this case. She needs to be made aware that this type of behavior is not acceptable and that being a judge holds you at a higher standard.
Law is truly a commodity. Judge Keller decided not to keep the court open past hours to hear an appeal for a man who was up for death row. Although many people believe Judge Keller was doing her job there is one statement that was stated in the article that contradicts Judge Keller's decision. Prosecutors said that when Keller received the call that she was required by court protocol to direct the call to the appellate judge on duty that night. If this is true than Judge Keller disobeyed the protocol and she took the law into her own hands. in this case seeing as how there is a person's life on the line I think she can be partially blamed. She cant be blamed for the crime he committed but she can be blamed for not following protocol. If she followed protocol I bet this situation would have played out differently.
Well after reading this truly debatable article, I am still left to question if Judge Sharon Keller can really be held responsible for or blamed for the death of Richard. If Judge Keller has specific times of when to keep the court open, then that's her. Since, it was last-minute Judge Keller decided to refuse and go do her own personal business, which is fine, but probably a bit rude. I would understand because I work at a store, and our store hours are official, we can't have costumers come in and browse around one minute before we close. However, the problem here is that individual rights where taken away. Richard did not have a say in the matter and was denied to be heard, which is completely wrong. I think there should of been other actions done to solve this problem. In the end, I believe Judge Keller should not be blamed for the death of Richard, but due to her apathetic selfishness, she should receive some kind of warning or punishment. Judge Keller could of acted in a better and much more reasonable way. Individual rights were not present here, Judge Keller should have acted differently.
I agree with Nick on this matter. I have a strong bias against the death penalty. However, if it is to be used, I think that a judge should expend as much time as possible before the decision to execute the person. Clearly, Sharon Keller did not do that. I agree with her detractors that she should be removed from the bench. If she is not willing to spend as much time as possible before ruling that someone should be put to death, I consider that reckless and an abuse of power. It appears that she is arrogant and does not believe more time should be spent on such a pivotal matter. Therefore, I hope that she is reprimanded in some form or fashion.
I can just imagine Judge Keller watching the time. I definitely think she should receive some kind of punishment or warning, I mean if what she did was "judicial misconduct" then something should be done. If this hasn't happened before or maybe it has but has not yet been discovered then they should have Judge Keller as an example of what could happen if there is any "judicial misconduct" what so ever. I feel bad for the poor guy that received her ruling of the death penalty, I have heard of cases that last all day and sometimes several days for also severe cases but not something that is going to have a ruling of the death penalty. I honestly believe Judge Keller should have took the time to make a decision that would put a persons life at stake. I hope that she is reprimanded and that other judges learn from her mistake, so hopefully we won't have to hear about another judge doing the same.
The hours of the court are set they usually open from 8:00 am to 5:00 pm Richard’s attorneys new this. So if they thought they had a chance to finally win an appeal they should have prepared the petition in time. In the article it says that the prosecutor who answered the phone call said she was required by court protocol to direct the call to the appellate judge on duty that night. So if Richard’s attorneys really wanted to fight this they could have took the appeal to the judge on duty that night. I do not blame the judge for not wanting to hear the case past five. He also has a life and who knows maybe he had something important to do. Have in mind that this is a criminal who has been denied appeals numerous times. I would have been more compassionate if this was the first time Richard attempted to appeal but it was not.
Judge Keller being the highest ranking judge in the state of Texas means that she has to set an example for other judges in the state. This being said I do believe that she should of made the more ethical decision which was to see Michael Wayne Richard even though her office was about to close. The crazy thing is she did not show any sorry or shame for the decision that she made. This makes her look bad in the eyes of the public and I truly believed that she should get punished for her choices because it is not like this was just a simple matter. This man’s life was in her hands and she chose not to see him because she did not want to stay a little late.
Under normal circumstances it was within the judge’s jurisdiction to make this call. However, if it was known by the judge that the Supreme Court was about to hear a case on a lethal injection procedure which was very similar to the Texas procedure, it is my opinion that she should have at least allowed for an appeal until the outcome of that case could be decided. If the Supreme Court had found that such a cocktail was for example, cruel and unusual punishment, then such a cocktail would not be allowed to be used in any state in the union. Knowing that this was a possibility, although she was not legally obligated, she was morally obligated to at least wait and see what the Supreme Court had to say on the matter. As such, I agree with actions such as an auditing of her handling of recent cases to see if perhaps the judge is not looking at everything in equal light. To knowingly put anyone through a punishment that has a chance of being cruel and unusual is wrong. Some of the fault for this unfortunate situation has to be placed upon the lawyers. By their own admission, they heard about the Supreme Court situation in the morning. It should not have taken them that long to get an appeal to the court. However, ultimately the judge should have done everything in her power to prevent someone from potentially being executed in a cruel and unusual manner. Ultimately it was her decision.
Part II: For a judge (someone who is suppose to embody the law) to refuse to take into consideration evidence of such importance is completely unacceptable. Texas' kill happy mentalilty ripples throughout all of its society. It leads to more violence and a confrontational attitude. Maybe this judge has seen so many people put to death by the death penalty that she is no longer phased by it and just thinks that it is one more person, so who cares? We should all care about this subject. The Innocence Project of Texas is an organization dedicated to investigating claims of innocence and exonerating wrongly convicted citizens. This is a beacon of hope in the storms of injustice, and is the positive mindset that should be strived for.
This is definitely wrong in my eyes. The judge should of stayed for the case. I mean its her job to establish justice in the socviety. Everyone has a job and everyone has had to stay late one time or another. This is not out of the ordinary. The judge is acting like she is too good for a person's life and her job a responsibility is to insure that every case be just. She should be prosecuted for what she has done and possibly removed from her postion. This is going to be a quite interesting case when its the judge being the defendant.
I can't wait to see what will happen to judge Keller..!..!. She's Basically calling herself to be removed from chair. The article surprised me bysayinh that when being asked if the court were to stay past 5 for an important case, she is "supposed" to forward the call to others so that THEY can determine whether the court would or would not stay past later than 5pm. Here we are talking about a second-convicted murderer; a SECOND. It's ridiculous, only a couple more minutes and judge Keller could have done something about this darn case. I strongly believe she shall be removed from chair.!..!.
Even though the crimes committed by Richards were brutal and despicable, Judge Keller has a duty to hear all appeals that are presented to her. She was unwilling to stay past 5 pm, I think this was a bit ridiculous, it is not as if this was an appeal where time was not of the essence, in fact time was the difference between life and death. I believe that she should be reprimanded for her actions, just like in any other job you have to have some sort of flexibility and understanding of certain circumstances. Even if she had stayed, presided over the appeal and then not granted it, at least she would not be under scrutiny now.
When someone says “No” they usually mean “No”. Apparently the attorneys for twice convicted killer, Michael Wayne Richard, didn’t get the memo. When an attorney waits till hours before an execution to appeal for his client…..and then is not on time…to only call and was told that they will not stay open….only means that the appeal “might” not happen. Sharon Keller’s decision did not (ultimately) decide the fate of Michael Richards, Michael Richards decided that for himself. Keller did not back down from her belief in her actions, and even Berchelmann said that the humiliation was suffer enough for her. I understand that some may see this as Judge Keller not giving Richards a chance for what is rightfully his (the appeal), but an appeal (like any other) must be done when allowed and scheduled. The court should not treat one appeal differently than any other, and 5 o’clock means 5 o’clock! Keller should have contacted the appellate judge, that way she is not to blame. Although her actions might be “highly questionable”, I can’t say I wouldn’t have done the same thing.
This is just a GIANT mess. Sounds to me that if anybody should be to blame, it's the lawyers for being late in the first place. I don't think Judge Keller should be to blame or punished for the execution of Richards. This man raped a mother and he was twice-convicted and failed numerous appeals. The chances of him getting his appeal just hours before his scheduled execution were pretty slim to none anyway. The punishment fits the crime and Richards can blame himself for that. Its getting bad if we are at the point now where a highly authoritative judge catches all this blame for doing her job. Don't forget this man RAPED a mother. Unless he was wrongfully convicted, he got was he deserved.
I agree with some of what Elaine has to say, in regards to the moral aspect of listening to the Supreme Court case on lethal injection procedure. Even Berchelmann called her actions “high questionable” and this from her peers. The message I understood is my time goes to the highest bidder. Law is truly a commodity!
I don't feel that Judge Keller should be punished for the way she handled this situation. I feel as though the blame should be put on the attorney because they did not plan properly nor did they use their time efficienlty. On the other hand, I feel like this because it was a two time convicted killer. Maybe under different circumstances or in another case I would see things differently.
I agree with state district Judge David Berchelman that Judge Keller should have really taken on the protocol to direct the call to the judge on duty that night, especially with a serious case as Richards and with cases here lately that many people in have been wrongly convicted of crimes that they have never committed. We are taught to obey the laws and rules of our society and that includes protocols that are made at work. They are made for a reason so issues like in this case won’t happen. This is why our system does not work because we see people such as Judge Keller, a higher authority figure, that do not follow the rules and that gives some people the incentive to do the same. I think some sort of punishment should be given but not reprimand Keller.
Even though it appeared that Richards appeal would not alter the rule of Judge Kelley, the contention surrounded the three-drug concoction used for execution is sufficient grounds for appeal. If nothing else, Kelley should be reprimanded for her brazen cruelty and malice towards criminals and her intractable manner in dealing with court practices. It would appear that she is unremorseful and unflinching in regards to her conduct, which shows her as foolish and incompetent. I believe that her behaviour towards the court system and decisions made bar her from serving as a death row judge and as the final say for appeals made before execution.
ReplyDeleteIf I just need to make it simple it would be your favorate phase "Law is a commodity"...I would take a page of note from Karl Marx...this is a case where someone who is in a position of authority have taken on a image that it is just human nature for those with power to that power to benefit themselves. She probably just wanted to get out of there and cared less about an individual who had two appeal turned down previously...pass it on to Joe Willy the night shift judge. She also have the case of Strain theory of delinquency for Durkheims' content that old norms break down and people lack controls of their behavior. Reading the information from the article I would say she made a terrible mistake and should be removed from such a position but we as a society want people in those position to assess, analyzes, and make judgemental decision to the full exact extent of the law to the very end regardness of what time of day it is.
ReplyDeleteJudge Keller is the judge of the highest court in all criminal matters in the State of Texas. In her capacity as Presiding Judge of the Texas Court of Criminal Appeals, she was confronted with a last minute challenge to the execution of Michael Richard. Richard was to be executed for the brutal rape and murder of Marguerite Dixon, a Houston-area nurse and mother of seven. He was twice-convicted and previously failed numerous appeals. It appears Richard’s attorneys were trying every last minute challenge they could think of to no avail. In fact on the day of the scheduled execution the U.S Supreme Court in Washington D.C refused a last minute challenge to Richards execution. However, later that same morning this court granted a review in a Kentucky case challenging a three-drug combination used in executions. Since Texas uses a similar drug combination in their executions the defense attorneys jumped on this challenge and used it as an appeal, the only appeal they could think of to save Richards sorry life. Richard’s lawyers wanted the date of the execution postponed pending the decision of the U.S Supreme Court on the Kentucky case. I further researched the Richard appeal and found that both Judge Keller and all other judges in her district were aware of the impending execution and the Supreme Courts intention to hear the Kentucky Case. Edward Marty, counsel for the court immediately began writing an order denying the motion, expecting an appeal from the defense attorneys. The defense attorneys did not notify Judge Keller of their appeal and request for the clerk’s office to remain open late, until after 4:00pm. Judge Keller denied their request; Judge Johnson was on call to receive all last minute appeals. So you tell me, is Keller at fault? No, absolutely not, she demonstrated the duties of her office both professionally and with respect. The defense attorneys used Keller as a scapegoat to gain notoriety for themselves and to falsely blast a respectable Judge. These are common tactics used by the defense when they have no defense. Excuse me why did the defense attorneys not call Judge Johnson, sounds as though Judge Keller was set up!
ReplyDeleteThat was an AWESOME! Thank you for the legwork in finding out the facts around what really went down. That just goes to show that the media can represent things to us for us put helps no one. In regards to the case I am glade I am not a judge. I would have not allowed the appeal either because enough is enough. He was still going to be executed for his crimes; he has wasted enough of our resources on trials, and taken too much from those children. Too bad there is not a law or something for his case that would have allowed us to say ok, you don’t want the lethal injection so instead a beheading or something that would be cheaper than the lethal injection. That would be a better justice than what happened to the judge that just said no. It wasted more time and money. I don’t know what to say sometimes about the justice system. We are worried so much about the innocent being punished or being executed that we end up letting the guilty of too go so worse in our society. Enough of the red tape and political correctness, something must be done!
ReplyDeleteJudge Keller was doing her job, when she said, “No” to the lawyers who wanted her to stay past 5 o’clock. Why should ever one that works there have to stay for one criminal to appeal his case? Why did the lawyers wait so long to take action for appealing Richard’s case? This case was not new to the lawyers and they had all day till 5 o’ clock to take action. These hours have not changed in years, so it is not like they did not know how the system works. The brutal rape crime that Richard committed against Marguerite Dixon should have not had any loop holes for him be able to appeal his case. When other judges are not against what Judge Keller did, then why does one continue to make Judge Keller look as if she did wrong? One thing that is for sure they should never try to blame Judge Keller for Richard’s death, because the saying goes if you commit the crime then you better be willing to do the time, and his time was up.
ReplyDeleteI do not believe that Judge Keller should be blamed for Richard's death. I think that would be a tad over dramatic. I do however believe that Keller should recieve some sort of punishment (ex. suspention of some kind). Keller is more than anything displaying McDonaldization. She is obviously trying to make things easier and more convenient for herself rather than properly do her job. Any peron who has held any sort of job ever in their life should know that you do not always get out of work right when you are supposed to. I work at a daycare and I cannot count how many times I have had to stay passed closing to watch children whose parents are running late, or who could not find someone to pick their kids up on time, or even who just take their time and come to get their kids when they feel like it. I see it as part of my job. It is what I am getting paid to do. Making money is not always convenient. The phrase that Dr. Gullion uses in class also comes up that "law is a commodity". Obviously murder is a more serious crime than a white collar crime, but let's just say Richard was the CEO of a major company who was convicted of stealing money. Would Keller have stayed for this case? If Richard had money to fight harder in court would he have still been alive? After witnessing cases like the O.J. trail it goes to show you how far money can get you.
ReplyDeleteDisclaimer: I have a severe bias towards this subject. There, now you can't say I didn't warn you. When you take into consideration that a human life is at stake, you'd expect that judge would keep her court open long enough to listen to an appeal. In texas, appeals are automatically sent to the highest court in Texas, the Texas Supreme Criminal Court of Appeals.
ReplyDeleteTo be continued
Is this Judge so desensitize in her job that when someone life is hanging in the balance is unwilling to perform her job truthfully, faithfully as an legal obligation to the people. Dr. Gullion your are correct in McDonaldization. She seemed to have rationalized and found the single most efficient method for completing her job in upholding the law and that was not to keep her court open past 5 p.m. and her feeling of humiliation. What a country we live in. Beccaria wrote that oaths were useless and in her case that seems to be correct. That no oath can ever make anyone do their jobs to preserve, protect and defend the people.
ReplyDeleteWell! I want to be moving to Colorado anytime soon. There were so many signs giving off by this individual that should have been investigated earlier, especially by his family who is the sole source of not taking any actions. To many times we here of individuals being cared by a family member that seem to turning their cheek the other way, when they know this form of behavior is not accepted in the norm of society. What is a school suppose to do...they have procedures that all visitors and parents are to sign in at the office. But that not enough for the safety of our kids. The shooting did not occur in the building. He began his shooting in the parking lot. It was truly a blessing for the teacher to have been in a position to stop any further damages. I guest now we are going to build fences with an intercom system and gate guard that will be errected at a safe distance prior to allowing anyone to enter of school grounds for safety reason. But you already know what is going to to be the driving force of not allowing this to happen. (Who is going to pay for it). Better yet certify our kids to wear guns....Go back to Wild West Frontier....Im for it now....to many incidents are occuring for you not to be aware and alert against...the talk is cheat. Show some physical action to prevent these incidents from occurring again.
ReplyDeleteI do believe that Judge Keller should be reprimanded for her actions because of the fact that she did not follow protocol. I understand that a person on death row life was on the line to file this appeal, however, at the same time his attorney was running late. I would first want to know what was so important that made his attorney late to file this last minute appeal in the first place. However, that is just human nature in wanting reasoning behind that. The real issue is that Judge Keller should have followed the protocol in directing the call the appellate judge on duty for the night to handle, but because she chose not to follow the rules then she should be dealt with appropriately. I do not believe a “slap on the wrist” is sufficient in this case. She needs to be made aware that this type of behavior is not acceptable and that being a judge holds you at a higher standard.
ReplyDeleteLaw is truly a commodity. Judge Keller decided not to keep the court open past hours to hear an appeal for a man who was up for death row. Although many people believe Judge Keller was doing her job there is one statement that was stated in the article that contradicts Judge Keller's decision. Prosecutors said that when Keller received the call that she was required by court protocol to direct the call to the appellate judge on duty that night. If this is true than Judge Keller disobeyed the protocol and she took the law into her own hands. in this case seeing as how there is a person's life on the line I think she can be partially blamed. She cant be blamed for the crime he committed but she can be blamed for not following protocol. If she followed protocol I bet this situation would have played out differently.
ReplyDeleteWell after reading this truly debatable article, I am still left to question if Judge Sharon Keller can really be held responsible for or blamed for the death of Richard. If Judge Keller has specific times of when to keep the court open, then that's her. Since, it was last-minute Judge Keller decided to refuse and go do her own personal business, which is fine, but probably a bit rude. I would understand because I work at a store, and our store hours are official, we can't have costumers come in and browse around one minute before we close. However, the problem here is that individual rights where taken away. Richard did not have a say in the matter and was denied to be heard, which is completely wrong. I think there should of been other actions done to solve this problem. In the end, I believe Judge Keller should not be blamed for the death of Richard, but due to her apathetic selfishness, she should receive some kind of warning or punishment. Judge Keller could of acted in a better and much more reasonable way. Individual rights were not present here, Judge Keller should have acted differently.
ReplyDeleteI agree with Nick on this matter. I have a strong bias against the death penalty. However, if it is to be used, I think that a judge should expend as much time as possible before the decision to execute the person. Clearly, Sharon Keller did not do that. I agree with her detractors that she should be removed from the bench. If she is not willing to spend as much time as possible before ruling that someone should be put to death, I consider that reckless and an abuse of power. It appears that she is arrogant and does not believe more time should be spent on such a pivotal matter. Therefore, I hope that she is reprimanded in some form or fashion.
ReplyDeleteI can just imagine Judge Keller watching the time. I definitely think she should receive some kind of punishment or warning, I mean if what she did was "judicial misconduct" then something should be done. If this hasn't happened before or maybe it has but has not yet been discovered then they should have Judge Keller as an example of what could happen if there is any "judicial misconduct" what so ever. I feel bad for the poor guy that received her ruling of the death penalty, I have heard of cases that last all day and sometimes several days for also severe cases but not something that is going to have a ruling of the death penalty. I honestly believe Judge Keller should have took the time to make a decision that would put a persons life at stake. I hope that she is reprimanded and that other judges learn from her mistake, so hopefully we won't have to hear about another judge doing the same.
ReplyDeleteThe hours of the court are set they usually open from 8:00 am to 5:00 pm Richard’s attorneys new this. So if they thought they had a chance to finally win an appeal they should have prepared the petition in time. In the article it says that the prosecutor who answered the phone call said she was required by court protocol to direct the call to the appellate judge on duty that night. So if Richard’s attorneys really wanted to fight this they could have took the appeal to the judge on duty that night. I do not blame the judge for not wanting to hear the case past five. He also has a life and who knows maybe he had something important to do. Have in mind that this is a criminal who has been denied appeals numerous times. I would have been more compassionate if this was the first time Richard attempted to appeal but it was not.
ReplyDeleteJudge Keller being the highest ranking judge in the state of Texas means that she has to set an example for other judges in the state. This being said I do believe that she should of made the more ethical decision which was to see Michael Wayne Richard even though her office was about to close. The crazy thing is she did not show any sorry or shame for the decision that she made. This makes her look bad in the eyes of the public and I truly believed that she should get punished for her choices because it is not like this was just a simple matter. This man’s life was in her hands and she chose not to see him because she did not want to stay a little late.
ReplyDeleteUnder normal circumstances it was within the judge’s jurisdiction to make this call. However, if it was known by the judge that the Supreme Court was about to hear a case on a lethal injection procedure which was very similar to the Texas procedure, it is my opinion that she should have at least allowed for an appeal until the outcome of that case could be decided. If the Supreme Court had found that such a cocktail was for example, cruel and unusual punishment, then such a cocktail would not be allowed to be used in any state in the union. Knowing that this was a possibility, although she was not legally obligated, she was morally obligated to at least wait and see what the Supreme Court had to say on the matter. As such, I agree with actions such as an auditing of her handling of recent cases to see if perhaps the judge is not looking at everything in equal light. To knowingly put anyone through a punishment that has a chance of being cruel and unusual is wrong. Some of the fault for this unfortunate situation has to be placed upon the lawyers. By their own admission, they heard about the Supreme Court situation in the morning. It should not have taken them that long to get an appeal to the court. However, ultimately the judge should have done everything in her power to prevent someone from potentially being executed in a cruel and unusual manner. Ultimately it was her decision.
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ReplyDeleteFor a judge (someone who is suppose to embody the law) to refuse to take into consideration evidence of such importance is completely unacceptable. Texas' kill happy mentalilty ripples throughout all of its society. It leads to more violence and a confrontational attitude. Maybe this judge has seen so many people put to death by the death penalty that she is no longer phased by it and just thinks that it is one more person, so who cares? We should all care about this subject. The Innocence Project of Texas is an organization dedicated to investigating claims of innocence and exonerating wrongly convicted citizens. This is a beacon of hope in the storms of injustice, and is the positive mindset that should be strived for.
This is definitely wrong in my eyes. The judge should of stayed for the case. I mean its her job to establish justice in the socviety. Everyone has a job and everyone has had to stay late one time or another. This is not out of the ordinary. The judge is acting like she is too good for a person's life and her job a responsibility is to insure that every case be just. She should be prosecuted for what she has done and possibly removed from her postion. This is going to be a quite interesting case when its the judge being the defendant.
ReplyDeleteI can't wait to see what will happen to judge Keller..!..!. She's Basically calling herself to be removed from chair. The article surprised me bysayinh that when being asked if the court were to stay past 5 for an important case, she is "supposed" to forward the call to others so that THEY can determine whether the court would or would not stay past later than 5pm.
ReplyDeleteHere we are talking about a second-convicted murderer; a SECOND. It's ridiculous, only a couple more minutes and judge Keller could have done something about this darn case. I strongly believe she shall be removed from chair.!..!.
Even though the crimes committed by Richards were brutal and despicable, Judge Keller has a duty to hear all appeals that are presented to her. She was unwilling to stay past 5 pm, I think this was a bit ridiculous, it is not as if this was an appeal where time was not of the essence, in fact time was the difference between life and death. I believe that she should be reprimanded for her actions, just like in any other job you have to have some sort of flexibility and understanding of certain circumstances. Even if she had stayed, presided over the appeal and then not granted it, at least she would not be under scrutiny now.
ReplyDeleteWhen someone says “No” they usually mean “No”. Apparently the attorneys for twice convicted killer, Michael Wayne Richard, didn’t get the memo.
ReplyDeleteWhen an attorney waits till hours before an execution to appeal for his client…..and then is not on time…to only call and was told that they will not stay open….only means that the appeal “might” not happen.
Sharon Keller’s decision did not (ultimately) decide the fate of Michael Richards, Michael Richards decided that for himself. Keller did not back down from her belief in her actions, and even Berchelmann said that the humiliation was suffer enough for her. I understand that some may see this as Judge Keller not giving Richards a chance for what is rightfully his (the appeal), but an appeal (like any other) must be done when allowed and scheduled. The court should not treat one appeal differently than any other, and 5 o’clock means 5 o’clock!
Keller should have contacted the appellate judge, that way she is not to blame. Although her actions might be “highly questionable”, I can’t say I wouldn’t have done the same thing.
This is just a GIANT mess. Sounds to me that if anybody should be to blame, it's the lawyers for being late in the first place. I don't think Judge Keller should be to blame or punished for the execution of Richards. This man raped a mother and he was twice-convicted and failed numerous appeals. The chances of him getting his appeal just hours before his scheduled execution were pretty slim to none anyway. The punishment fits the crime and Richards can blame himself for that. Its getting bad if we are at the point now where a highly authoritative judge catches all this blame for doing her job. Don't forget this man RAPED a mother. Unless he was wrongfully convicted, he got was he deserved.
ReplyDeleteI agree with some of what Elaine has to say, in regards to the moral aspect of listening to the Supreme Court case on lethal injection procedure. Even Berchelmann called her actions “high questionable” and this from her peers. The message I understood is my time goes to the highest bidder. Law is truly a commodity!
ReplyDeleteI don't feel that Judge Keller should be punished for the way she handled this situation. I feel as though the blame should be put on the attorney because they did not plan properly nor did they use their time efficienlty. On the other hand, I feel like this because it was a two time convicted killer. Maybe under different circumstances or in another case I would see things differently.
ReplyDeleteI agree with state district Judge David Berchelman that Judge Keller should have really taken on the protocol to direct the call to the judge on duty that night, especially with a serious case as Richards and with cases here lately that many people in have been wrongly convicted of crimes that they have never committed. We are taught to obey the laws and rules of our society and that includes protocols that are made at work. They are made for a reason so issues like in this case won’t happen. This is why our system does not work because we see people such as Judge Keller, a higher authority figure, that do not follow the rules and that gives some people the incentive to do the same. I think some sort of punishment should be given but not reprimand Keller.
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