Ummm, Okay. I guess the widow won't file the lawsuit after all, but the lawyers say their case isn't finished yet. Their case? He can't divulge their legal strategy yet may be code for they don't have one?
Thanks to Lisa and Suzanne for this info.
Widow of executed killer drops lawsuit against judge
Houston Chronicle
© 2007 The Associated Press
HOUSTON — A federal lawsuit filed this week against a judge who prevented an executed inmate's last-minute appeal by not extending office hours has been withdrawn by the killer's wife.
However, lawyers for the widow, Marsha Richard, say their case against Texas Court of Criminal Appeals Presiding Judge Sharon Keller isn't finished yet.
"I really cannot divulge my strategy right now, but I'm sure it will become evident in the near future," civil rights attorney Randall Kallinen said.
Kallinen represents the wife of Michael Richard, who was executed by lethal injection in September. The suit had accused Keller of violating Richard's rights by preventing his attorneys from filing an appeal hours before his execution.
Keller refused to allow the court to stay open past 5 p.m. on Sept. 25, even though attorneys for Richard had called and asked for extra time to file their appeal.
The lawsuit was filed Wednesday. The notice of dismissal filed Thursday offers no explanation, and Kallinen would not say whether he plans to file another case.
"I wish I could tell you, but the other side may use anything in the media to their advantage," Kallinen said.
Before being executed, the Supreme Court had decided to review the constitutionality of lethal injection in a Kentucky case. Richard so far has been the only person executed in the nation since the Supreme Court made its announcement about the Kentucky case.
Legal experts said Kallinen's reason for dropping the suit could range from second thoughts about his legal theory to displeasure with the assigned judge.
The lawsuit drew plenty of attention when announced this week, but Kallinen said it was not a publicity stunt.
"It may be that he's going to reformulate his theory and he's going to try again, but I think it will be difficult for him to come up with a viable theory," said Peter Hoffman, a law professor at the University of Houston.
The lawsuit sought an unspecified amount of punitive damages and that a court order be issued directing Keller, the Texas Court of Criminal Appeals' clerk and other court personnel to not stop emergency death penalty appeals from being filed.
However, lawyers for the widow, Marsha Richard, say their case against Texas Court of Criminal Appeals Presiding Judge Sharon Keller isn't finished yet.
"I really cannot divulge my strategy right now, but I'm sure it will become evident in the near future," civil rights attorney Randall Kallinen said.
Kallinen represents the wife of Michael Richard, who was executed by lethal injection in September. The suit had accused Keller of violating Richard's rights by preventing his attorneys from filing an appeal hours before his execution.
Keller refused to allow the court to stay open past 5 p.m. on Sept. 25, even though attorneys for Richard had called and asked for extra time to file their appeal.
The lawsuit was filed Wednesday. The notice of dismissal filed Thursday offers no explanation, and Kallinen would not say whether he plans to file another case.
"I wish I could tell you, but the other side may use anything in the media to their advantage," Kallinen said.
Before being executed, the Supreme Court had decided to review the constitutionality of lethal injection in a Kentucky case. Richard so far has been the only person executed in the nation since the Supreme Court made its announcement about the Kentucky case.
Legal experts said Kallinen's reason for dropping the suit could range from second thoughts about his legal theory to displeasure with the assigned judge.
The lawsuit drew plenty of attention when announced this week, but Kallinen said it was not a publicity stunt.
"It may be that he's going to reformulate his theory and he's going to try again, but I think it will be difficult for him to come up with a viable theory," said Peter Hoffman, a law professor at the University of Houston.
The lawsuit sought an unspecified amount of punitive damages and that a court order be issued directing Keller, the Texas Court of Criminal Appeals' clerk and other court personnel to not stop emergency death penalty appeals from being filed.
