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Take her off the bench and Sharon Keller is funny, smart and personable, if a little shy. People genuinely like her. One of the most powerful judges in Texas plays gin every week with a group of Austin friends and enjoys sharing drinks with lawyers who've just tried to persuade her of the finer points of their cases.

A former Dallas County prosecutor whose family started a string of popular hamburger joints, Keller is the presiding judge of the Texas Court of Criminal Appeals, and right now the same lawyers who are quick to share an endearing anecdote about the judge will also tell you that she's not fit to serve on the bench. Keller has skated from one controversy to the next, but today she finds herself the most vilified judge in Texas, if not the entire country.

On September 25, Keller refused to keep her clerk's office open an extra 20 minutes to receive a last-gasp pleading from the attorneys for condemned inmate Michael Richard. Richard's lawyers were having computer problems that prevented them from turning in their motion on time. The 49-year-old murderer was executed just hours after Keller locked the door.

Richard's pleading was a complicated procedural move that followed a U.S. Supreme Court decision earlier that morning that raised doubts about the constitutionality of lethal injection. That gave Richard's lawyers an opening to stay their client's execution until the Supreme Court revisited the issue.

But Keller's decision to close her court at 5 p.m.—a move that has since been blasted by even her Republican colleagues—violated the court's unwritten policies for handling executions. It also broke sharply from tradition. In Texas, it's not unusual for judges and clerks to take last-minute pleadings at their homes. On execution day, the courts don't have a strict closing time.

Keller's actions also defied the Supreme Court decision from that day, which has resulted in an unofficial nationwide moratorium on capital punishment. Maybe she didn't make an intentional end run around the highest court in the land, but that was the effect. To be more blunt, the effect was to kill a man months before his execution would have proceeded, assuming the Supreme Court would have allowed it at all. To date, Richard is the last U.S. inmate put to death.

A collection of activists have since decried Keller's actions. Protesters have gathered outside her North Austin mansion carrying clocks set to 5:00. A band called Possumhead, fronted by an Austin lawyer, recorded a grungy song with the blunt refrain "Sharon is a killer, a really lethal killer." Meanwhile, a like-minded blog named Sharonkiller.com, already in operation after some of the judge's past mishaps, includes a series of fake personal entries: "Maybe I should sell and move back to Dallas and help out at Dad's hamburger stand before my house becomes a stop on one of those Duck bus tours of Austin," the fake judge writes. "Tomorrow is Halloween and I'm going as myself, boo."

While the real Keller has made other baffling decisions and public statements over the years, her latest actions have stirred an epic backlash that extends far beyond the protests of anti-death-penalty activists. She's been mocked in Newsweek, scolded by The Dallas Morning News and asked to step down by the Houston Chronicle and Texas Monthly. Powerful, prominent attorneys, including a former head of the State Bar of Texas, have filed official complaints against her and lambasted the judge to anyone with a notebook or microphone.

"It's hard to imagine anything she could have done that could have been worse than this," says Michol O'Connor, a retired appellate judge in Houston. "I think she should be removed. I wouldn't trust any decision she could make after this. This is such a fundamental issue—the right to get a piece of paper in court—how can we trust her on more complicated issues?"

Even lawyers who praise Keller's work ethic and sense of decorum can't believe she expedited an execution after the Supreme Court clearly gave condemned inmates across the country one last chance to appeal.

"Sharon is a friend of mine. I think she's a delightful person off the bench, but from a legal standpoint, the decision to shut the clerk's office at five when even Ray Charles could have seen that there were papers coming in to stay this execution was unconscionable," says Houston defense attorney and Court TV analyst Brian Wice. "From a non-legal standpoint, it was a knuckleheaded move."

It seems like just about no one these days can defend Keller's actions. Not even the daughter of Marguerite Dixon, the woman Michael Richard was convicted of murdering 20 years ago. "It sounded to me like she was just being arbitrary," says Celeste Dixon. "She had a chance to at least hear the arguments, and she chose to take her powers as a judge and make a decision without any thought."

Lost in the demonstrations against Judge Keller is the fact that the man whose death she hastened was guilty as sin. Her actions spun from a grisly rape and murder in which there's no doubt who committed the crime.

Marguerite Dixon was a native of West Virginia who missed the changing of the seasons when she moved to Hockley, 40 miles north of Houston. Although she could be a stern disciplinarian, her children never doubted she loved them. They thought of her as a wonderful mother.

On the afternoon of August 18, 1986, Michael Richard, on parole after a burglary conviction, asked Marguerite's son Albert whether the yellow van parked outside their house was for sale. Albert told him the vehicle belonged to his brother and asked Richard to come back another time.

Write Your Comment show comments (20)
  1. It is a good thing that the hookers that work out of Keller's Hamburgers are not on the same astringent time schedule as the Lady Killer/Keller because they can get a lot of biz done after 5pm.

    As far as her having a great personality, I understand that Jeffrey Dahmer's father said the same about him.

  2. Keller followed the law. What more do you want from a judge? The Supreme court could have issued their own stay if they felt it was that important - so why didn't they?

    I think that is why it is called a "deadline"...

    There was a duly imposed sentence that was obligated to be carried out - There are an adequate number of courts and judges to intervene on behalf of justice. A delay is grossly unfair to the victim's family.

    Here's a thought - If people don't like being executed, then don't commit capital crimes.

  3. >> The Supreme court could have issued their own stay if they felt it was that important - so why didn't they?

    If you read the entire article, Matt Pulle answers that very question. As I understand it, the Supreme Court probably would have, even if the State court rejected the stay, but since the lawyers couldn't get a response from the State court (i.e. "We close at 5 PM") -- the Supreme Court had to pass on the matter.

  4. A guy breaks into a woman's home, shoots her in the head with a .25 pistol, while she's still in bed, kills her, steals her truck......and you think he deserves a break? You are a joke! He should have been put to death 20 years ago.

  5. Well, I think her closing time decision coupled with her odd logic on the Roy Criner case, the innocent man she kept locked up behind bars for an extra two years, is why she's now on the hot seat.

  6. Yeah, this guy deserved what he got.

    From what I understand, everyone (his lawyers) knew the court closed at 5pm. They had some computer problems? Well, its like my old college professors used to say "maybe you should have started earlier, or had better equipment". I used to have a professor that closed the door to his classroom at 8am sharp. Once it was closed, that was it. I remember people crying because they were gong to get zeros on tests and projects because they were late. Traffic? too bad. Computer problems? too bad.

    I don't feel sorry for this guy at all.

  7. It is interesting in a nation so often mouthing platitudes toward 'law and order' that even a judge dedicated to the administration of justice is subject to attack for upholding the law she rules, rather then espousing the lawlessness that rules the nation. Might I add that in such a renegade climate that the fundamental basis for the authority to establish laws, the US Constitution, is relegated to be used as official toilet paper.

    The 'right to life', that is what you are arguing here, because the condemned man has already been convicted by a jury of his peers, and sentenced to death. I sure don't think you want to cop 'rule of law' as a plea considering that tens of millions of unborn children were put to death in this republic with no appeal or hearing or HOPE of a stay of execution? Did you think that releasing a rapist murderer back to society would ease your conscience a little or appease the wrath of a just and angry god?

    The 'right to a fair and speedy trial' to guarantee swift redress for the innocent and equally awesome dread for the guilty. The two convicts in Truman Capotes "In Cold Blood" (a true story) commited a murder, were tried, sentenced and hung in less than a years time. (circa 1950's, that was typical) They were hung by the neck until dead. Their victims were hung and tortured, humiliated, cruelly slaughtered and tormented to the moment death freed them. In which case was justice served? Offended because I called them convicts? They were just released on parole days before committing the crime for which they were c o n v i c t e d, and H U N G. What is convicting you? That you complain because a murderer isn't set free but have nothing to say while people 'legally' assassinate their progeny. The 'right to life', in a law abiding (living) nation.

    And what of the victims family, where was their 'speedy justice': A syringe on a tortoise, special delivery snail mail, mail train don't run here any more. How long have they walked a 'green mile' waiting to hear that the blood of their mother, crying out to them and god from the ground, had been answered in blood. Want to tell ME that it is not the christian thing to do? Tell god, we will all give account to him soon enough. Or are you too good to live by his laws? We don't believe in capital punishment, we allow murderers to run free, here where we are all free to be murderers. You might want to wipe the blood off your face before you answer him, because he, christ, says if you have hated your brother (or sister judge), you have already committed murder.

    In Austraila, before THEY became enlightened, death by hanging was administered by the clergy. That beyond doubt was the correct formula. All laws are moral, or they are meaningless. Achan and his family died because he stole a kruegerrand and a bolt of calico, from his nations enemies. Stoned and burnt with all their possesions in a heap. Don't become over confidant because of the rainbow: when water is seperated at the atomic level and ignited, it is fire. Selah, (think about it).

    Heavy dues in that court as Lenny Bruce (perhaps He is your God, if not You), used to say.

    Heavy dues. Eternal court. Perfect justice.

    JR Richmond, Cherry Valley, California

  8. For all the abuse heaped on the judge (and I refuse to offer any defense on the behalf of a lawyer anywhere) I will not lose sight of the fact that:
    1) Capital Punishment is legal in Texas
    2) The supposed retarded killer had the where-with-all to ask probing questions, leave the residence and then return after potential witnesses had left the home, freeing him to commit murder unseen except by the victim.
    3) There is no doubt whatsoever that man who killed and the man executed are one in the same.
    4) The killer was allowed to live for 20 years after his conviction!!!

    So another costly appeal was avoided. An appeal that would have not changed the eventual outcome of the case. So what.
    Fact is, the family of the victim had been jerked around long enough. At least the judge's keen sense of time brought an end to their waiting game.

  9. I would like to just point out to the obviously stoned minds behind some of the comments, that even if we accept as true that the death penalty is legal in Texas and that judge was just following the law, it is also true that a fundamental part of that same law and process is the access to the Courts. Please DO take your medicines before commenting... No! Not the blue pills! Those are for the other problem...

  10. Its cruel and unusual not promptly execute capital criminals. We should not offer them a false sense of hope that they might somehow get out and lead a normal life. Rather we should let them embrace death, just as they dividied it out.

    Episodes like this just affirm that in the end they will die. It's not fair to the convicted for them to have a belief that some glitch in the system will save them. Rather we must ensure the act is expeditious, timely and punctual. That way the convicted can schedule their remaining days accordingly.

    We can all rejoice in the fact that the criminal is now in a better place and surely more happy.

  11. Sharon Keller is known as "Sharon Killer" in the judicial world. Keller is one judge who said that "DNA does not prove a person innocent but 12 jurors do". Not that 12 jurors are ever made up of the defendant "peers" list or are infallable, she again just threw out words that prove even further she is incapable of being a fair judge with no interest in scientific evidence. She is the reason the CCA in Texas is the laughing joke across the world. Perhaps if her relatives were inside a prison and innocent she may really take an interest and try to correct this joke of a system we have in Texas. She had a good example to look up too with a Governor who ignored proof of innocence of people on death row and chose to kill the inmates on death row at a record rate, and his IQ has to be lower than most of those inmates according to his many statements to America. That Governor went on to be President and caused his country to go to war for no reason and to lead us into a recession, again. All he needed to do was sell popcorn and put the executions on TV to really show his true colors and lack of education. It is time to get rid of morons like Keller and stop elections of illiterate governors controlled like puppets. We need real honest and brave people in our state leading us to victory with compassion. We need Texas to be a state that is respected and looked up too. Keller has to go and I suggest we get about 50,000 people on a petition to get the right people' attention that we will no longer accept this from the likes of Ms Keller.

  12. i agree with darlie we need competent people who care about what is going on in Texas. Too many innocent people are dying at the hands of incompetent judges and attorneys. Instead of getting a vote or scoring points with the judicial system they need to be looking at the reality of life and death and not self gratification. Sharon Keller should be held responsible for what has been done and that is taking a life and let the ones who are innocent come home to their family. That might change her view on things when she is on the on the other side of the iron fence.

  13. No one is arguing that Richard was not guilty. He goes and kills these kids mom with foreknowledge. He has had all the benefit of review through the years, and he presumably has competent lawyers.

    So, the argument is not that he is not as guilty now as he was then, but that "we may be able to get a stay of execution on a technicality"

    The guy should not still be alive 20 years later, that is the true travesty here. Not the judge.

    However, the author has written 5 pages mainly about the outrage amongst her peers. Who cares?

    This article is smoke and mirrors hit piece against the judge, the Dallas Observer editors/owners must not like her.

    Typical lefty whining main stream media.

  14. So the poor Defendant got to live 20 years in relative comfort compared to where the victim spent the same 20 years. After that time it is certainly safe to CONCLUDE, not assume, that all meritorious appeals had been exhausted. With a background in law and medicine I know that the drug cocktail used for executions is essentially painless but as with everything else there can be exceptions. Quit excoriating a judge who followed the letter of the law which resulted in the removal of another piece of human excrement from the rolls of the living.

    How about some feeling for the victim and her family. After all, she didn't want to become Richards' victim but it is now de riguer PC, just ask Sarandon, Penn, Robbins, etc, to become active lamenting the poor criminal's plight instead of condemning his predicate act which put his head on the block in the first place.

    Give me a break, he got exactly what he deserved, no more but probably a hell of a lot less than he truly merited. Don't want to sacrifice your own life? Then don't take the life of another without just cause.

    Whine on liberals and bleeding hearts, Whine on.

    DW Clark

  15. This scumbag got what he deserved, only 20 years too late. Hooray for Judge Keller!!!

  16. I guess I'm not surprised that some very extreme law and order types don't believe a whole lot in due process but I thought even that crowd would distance themselves from a judge who doesn't understand DNA evidence.

  17. Its always the same from the anti death penalty people - Focus on some bizarre technicality on how the penalty is applied and assert it as the all encompassing reason for not executing criminals.

    They think their argument should be so universally embraced that they can be sloppy in their approach to fight it. It is a simple fact that if this attorney had written and submitted a timely appeal this would not have happened. Keller simply did her job to the letter of the law. The defendant's attorney did not. End of story, End of the line for a criminal.

  18. So the man in prison confesses, survived twenty years in jail, his lawyers now claim he is retarded and they can't make it to the judges before the office closes? What happens to the rest of us if we show up late for jury duty, a ticket, or a trial. Sorry lawyers, but maybe if you had not sucked up tax money for twenty years before a last cram, I'd have more sympathy for you.

  19. Did Mrs. Dixon get a ten minute break to file an appeal with Mr. Richard?
    If he was too mentally challenged to be held fully accountable to the law, why was he allowed a driver license?

  20. Blame Keller?????? Are you all insane??!! They should've fried his @$$ 19 years ago. Wait, they shuld've let her kids fry him or better yet when he found out he was getting the death penatly years ago he should've manned up and taken his own life and saved the taxpayers thousands of dallars housing his sorry @$$!

    Shame on the public for blaming keller! What if it was your mom or loved one Richards killed. I say as soon as you are found guilty - HANG EM!

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