Man executed after computer glitch prevents appeal

[Celephais]

Washington (DC) - A Texas man was subjected to death by lethal injection after a computer glitch reportedly prevented his appeal from being filed on time.

The series of events is like something straight out of a TV show. On September 25, 49-year-old Michael Richard was scheduled to be executed at 6:00 PM by lethal injection for the rape and murder of Marguerite Dixon in 1986. Less than 24 hours before his scheduled execution, the Supreme Court agreed to accept a case challenging the Constitutionality of lethal injections.

On the heels of this decision, Richard's defense attorneys worked quickly to file a last-minute appeal. They were seeking a stay of execution for him.

According to AFP, the lawyers had typed up their appeal but had problems printing it out because of a computer glitch. Texas policy does not allow appeals to be filed electronically. At 4:50 PM, the lawyers called the Texas Court of Criminal Appeals, asking for an additional 20 minutes to file the appeal.

The court clerk plainly responded, "We close at 5:00." The lawyers were unable to get the appeal turned in on time. As a last-ditch effort, they went directly to the Supreme Court, pushing back Richard's execution by a few hours. However, because there was no appeal on file at the state level, the high court did not accept the case.

Richard was injected with the deadly cocktail shortly thereafter, and was officially pronounced dead at 8:23 PM.

Earlier this week, the Texas Court of Criminal Appeals agreed to postpone the execution of another death row inmate, 28-year-old Heliberto Chi, reportedly because of the ongoing Supreme Court battle.

The case with Richard resulted in outrage among the state. The Dallas Morning News ran an editorial, saying in part, "Hastening the death of a man, even a bad one, because office personnel couldn't be bothered to bend bureaucratic procedure was a breathtakingly petty act and evinced a relish for death that makes the blood of decent people run cold."

Yesterday, 20 lawyers jointly filed a judicial conduct complaint against the Texas Court of Criminal Appeals and Presiding Judge Sharon Keller, saying she violated the rights of a condemned man. They accuse Keller of ordering the court to close at 5:00 and prohibiting the late appeal.

In their complaint, they say, "Judge Keller's actions denied Michael Richard two constitutional rights, access to the courts and due process, which led to his execution. Her actions also brought the integrity of the Texas judiciary and of her court into disrepute and was a source of scandal to the citizens of the state." They called Keller's actions "morally callous, shocking and unconscionable for an appellate judge."

The procedure in such a case is to present the facts to a special judicial conduct commission. They can either dismiss the complaint, publicly reprimand the judge, or recommend her expulsion to the Texas Supreme Court, which would have the final word.
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Uhh... way to wait till the last minute there. It sounds like the "glitch" was more than likely a retarded user (couldn't print it?)

[CrystalTears]

What, lawyers can only afford to have one computer in the firm? They were working on it for 24 hours and 10 minutes before the deadline they call for an extension? What in the fucking world...

[Bobmuhthol]

<<Uhh... way to wait till the last minute there.>>


Less than 24 hours before his scheduled execution, the Supreme Court agreed to accept a case challenging the Constitutionality of lethal injections.

The lawyers aren't Father Time.

[Stanley Burrell]

Normally, I'd say that one or maybe two lawyers making a hissy fit over an execution is pretty standard once their case is closed and credibility marked, but the fact that 20 minutes turned into 20 lawyers' concern seems like this may actually have been somewhat unprecedented. Maybe.

[Celephais]

<<Uhh... way to wait till the last minute there.>>



The lawyers aren't Father Time.
I didn't say way to wait till the last minute, lawyers. "Read my post, and learn english".

[Bobmuhthol]

<<It sounds like the "glitch" was more than likely a retarded user (couldn't print it?)>>

So you're insulting two different people in two different sentences. My bad for not inferring that.

[Celephais]

<<It sounds like the "glitch" was more than likely a retarded user (couldn't print it?)>>

So you're insulting two different people in two different sentences. My bad for not inferring that.
As long as you've accepted responsibility.

I was insulting them all, clearly if this is such a time sensitive issue then none of them should have been messing around. Although I say fuck it, this was more than 20 years after he commited the crime... he and all his lawyers, have had their chances (besides, they were just arguing over the method of death it sounded like, not his innocence... grasping at straws).

[Clove]

I didn't say way to wait till the last minute, lawyers. "Read my post, and learn english".

Go easy on him, he can't even quote properly.

[Clove]

... he and all his lawyers, have had their chances (besides, they were just arguing over the method of death it sounded like, not his innocence... grasping at straws).

All true, but if the Supreme Court declares the method illegal that buys their boy some time. It's not like Texas will shrug its shoulders and fire up Ol' Sparky the day after. After the alternate method was devised, approved and implemented it could be years before he was "back at the block" again.

[Celephais]

All true, but if the Supreme Court declares the method illegal that buys their boy some time. It's not like Texas will shrug its shoulders and fire up Ol' Sparky the day after. After the alternate method was devised, approved and implemented it could be years before he was "back at the block" again.
To which I say.. fuck him.

I really don't see why we don't do a high caliber bullet to the head (especially in Texas). It might be messy, but there won't be any complaints about it being drawn out or painful or anything, and it's cheap. In all reality though, if you're killing someone, as long as it's not disembowelment, what's the difference, it's not like 20 years in prison wasn't "painful".

[Suppa Hobbit Mage]

We should just execute everyone on death row that's been there for more than 6 months and execute half the lawyers in the world for a good start.

[Kembal]

Actually, they called the court and asked for a 20 minute extension before the deadline because of the glitch. The presiding judge, Sharon Keller, refused to grant it.

Remember, the lawyers are working pro bono on these types of cases. They're not flush with funds, nor are they a law firm.

Coupled with the fact that it was just found this week that a man had been wrongly imprisoned for rape for 14 years (he was released yesterday), the Texas judicial system isn't looking too good at the moment.

[TheEschaton]

Errr, have you ever written an appeals brief? I wrote an 8 page appellate division response to a filed appeal charging something ridiculously easy like excessive sentence, and it still took me two days to do all the research, put it in a cohesive order, flesh out my arguments, proof, and proof again.

But now I have a bound copy of it, FTW.

-TheE-

[Celephais]

Right and why didn't they have this appeal ready and waiting to go incase the supreme court ruled in their favor?

Why didn't they just submit something... anything... if it was so dire. Hell it might have been the intention of the supreme court to wait so long, not give them time to make a cohesive arguement. Either way there was a lot of ball dropping along the lines, (and in reality, I'm glad they did) the guy raped and murdered someone, appeals based on his rights about means of execution... pfft.

[Sean]

Because they weren't the ones who brought the case challenging the constitutionality of the needle to the supreme court?

[Celephais]

Because they weren't the ones who brought the case challenging the constitutionality of the needle to the supreme court?
So either they were unaware of the case being at the supreme court (kinda doubt this), and were doing nothing to help the guy, inwhich case "way to drop the ball"
or they were aware of it being infront of the supreme court and didn't prepare an appeal incase it went through... "way to drop the ball".

[TheEschaton]

Like someone said before, these people are doing this pro bono, probably for the Capital Defenders, who do defense in capital, death penalty cases. They probably handle hundreds of cases and can't keep up with the burden.

-TheE-

[Solkern]

Personally, If i was sentenced to life in prison, I'd rather take the death sentence, then living life in a damn box

that's just me though

[Atlanteax]

I for one am sick of death row inmates getting *extra* consideration...

Seems to becoming the norm that anyone on death row can file papers (or have an intermediary, ie pro bono lawyer) and drag out the process for years and years... driving up the taxpayers' expenses in a drastic fashion.

This is why Lifers (life sentences) are "cheaper" for the system than deathrow immates... because you don't have appeals going on about the death penalty itself (and other such considerations), as opposed to just the merits of the cases.

[DeV]

Negligence on the part of the lawyers, IMO.

Hell, why not sue the printing company while they are at it. Ridiculous.

[TheEschaton]

I personally believe that there should be no death penalty, but I think that if it is found legally justifiable, every possible avenue must be exhausted before the state sanctions the murder of a human being.

Again, basic morality, folks.

[Clove]

I personally believe that there should be no death penalty, but I think that if it is found legally justifiable, every possible avenue must be exhausted before the state sanctions the murder of a human being.

Again, basic morality, folks.

I believe there ought to be capital punishment, but only for "white collar" crimes.

[Gan]

Negligence on the part of the lawyers, IMO.

Hell, why not sue the printing company while they are at it. Ridiculous.

And sue the law school for an inadequate education in law.

[Celephais]

Again, basic morality, folks.
Living in the real world pwns basic morality.

[Clove]

Living in the real world pwns basic morality.

So basic that many societies don't/haven't observed it.

[Solkern]

Or certain people.

[Kembal]

Living in the real world pwns basic morality.

Yep, apparently, 20 minutes isn't worth someone's life.

As far as the Kentucky cases go, I don't think anyone expected the Supreme Court to take it. This isn't the first challenge to the lethal injection method, and all the previous ones were denied without comment before. Hence everyone being caught by surprise. (the Court has only reviewed twice methods of execution as to their legality: once in 1879, and the other in 1890.)

And that story is missing a vital part: the actual number of hours between the announcement of the Supreme Court that they were taking the Kentucky cases and the filing deadline. It was 8 hours. That's not much time.

[Latrinsorm]

So basic that many societies don't/haven't observed it.Kind of like women's rights! A woman that stays in the kitchen can't slip on a puddle and bring suit for an idiotic reason, amirite? Two birds with one stone!

[Suppa Hobbit Mage]

How long was he on death row?

[Celephais]

Yep, apparently, 20 minutes isn't worth someone's life.
Not his, he had already been found guilty of rape and murder, he was only appealing the method of execution. How about the time he spent waiting.. sure "what's another 20 minutes" but in the same vein... what's another year of appeals if it's not going to save his life (IE why not just kill him now).


How long was he on death row?
It says she was murdered in 1986... who knows how long till he was put on death row (I'm not going to look it up) but if I answered 20+ years I'm sure someone would call out the possibility he wasn't caught/convicted in 86.

[Suppa Hobbit Mage]

Nevermind, looks like he raped and killed the person in 1986. Yeah, I don't think the 20 minutes was worth his life. Remember, it's not an appeal if he was guilty or not, it's about lethal injection.

Boohoo if he hurt a little.

[CrystalTears]

What's the matter, they didn't sanitize the needle first? :D

[Clove]

Kind of like women's rights! A woman that stays in the kitchen can't slip on a puddle and bring suit for an idiotic reason, amirite? Two birds with one stone!

I'm not answering your dumb questions until you've personally tested the safety of automobile emissions.

[Latrinsorm]

I have, actually! Unfortunately, my only source is rotp://rww.results.net so obviously I must be exaggerating or whatever it was you said that time.

[Clove]

I have, actually! Unfortunately, my only source is rotp://rww.results.net so obviously I must be exaggerating or whatever it was you said that time.

Fail. Quoting a source isn't personally testing. Run out there, get that emissions safe car and start sucking in safe fumes.

[Latrinsorm]

...the joke was that the source was my personal testing, cited. Hence why it wasn't http? Too subtle?

[Alfster]

...the joke was that the source was my personal testing, cited. Hence why it wasn't http? Too subtle?

Not even close to funny

[Latrinsorm]

:cry:

[Snapp]

Good riddance. Why have him sit in jail another 20+ years?