Kimberly McCarthy

Why do we keep executing people? By Thomas Cahill, Special to CNN


June 25, 2013

Editor’s note: Thomas Cahill is the author of the Hinges of History series, which begins with “How the Irish Saved Civilization.” Volume VI in the series, “Heretics and Heroes: How Renaissance Artists and Reformation Priests Created Our World,” will be published at the end of October. He has also written “A Saint on Death Row” about his friend Dominique Green, who was executed by the state of Texas.

 

(CNN) — Killing people by lethal injection will soon be as distant a memory as burning heretics at the stake and stoning adulterers — at least throughout the civilized world. No country that employs the death penalty can be admitted to the European Union, and the practice dwindles daily.

 

But despite the growing worldwide revulsion against this lethal form of punishment, Texas and a handful of other states continue to take their places among such paragons as North Korea, China, Yemen and Iran in the club of those who attempt to administer the death penalty as a form of “justice.”

 

Thomas Cahill

Thomas Cahill

 

Indeed, Texas is way ahead of all other states in the administering of such justice. At the end of this month, under the leadership of Gov. Rick Perry, the state is expected — if all appeals fail — to celebrate its 500th judicial killing since our Supreme Court in 1976 reinstated the death penalty as a legitimate form of “justice,” despite the fact that an earlier court had determined that the death penalty was “cruel and unusual punishment.”

 

Death row diary offers a rare glimpse into a morbid world

 

No one doubts that the woman who is scheduled to be executed on Wednesday, Kimberly McCarthy, is guilty of the 1997 murder of her neighbor, a 71-year-old woman and a retired college professor. Although we know that upwards of 10% of all death row prisoners are later exonerated for the crimes for which they have been convicted, Kimberly McCarthy will not be one of them. So, why shouldn’t we kill her?

 

For the same reason Warden R.F. Coleman gave to reporters on February 8, 1924, the day the official Texas Death House was inaugurated with the electrocution of five African-American men. Said Coleman then, “It just couldn’t be done, boys. A warden can’t be a warden and a killer, too. The penitentiary is a place to reform a man, not to kill him.”

 

Warden Coleman resigned rather than pull the switch. Sadly, so many others have failed in the many years since then to follow his heroic example.

And let’s not equivocate: Often, and in every age, doing the right thing requires heroism.

 

Kimberly McCarthy is a black woman. Black people are disproportionately represented on death row, as are blacks imprisoned throughout this country. Many would say (at least in a whisper) that black people are more prone to crime and violence than are white people.

 

But as a historian, I know that there was a time, long ago, when my people — Irish-Americans — were deemed to be more prone to crime and violence than were others. This was in the years after the potato famines of the 19th century that brought so many desperately poor Irish people to these shores.

 

The police in New York City became so inured to arresting Irishmen that they began to call the van they threw the arrestees into “the Paddy Wagon,” a name that has adhered to that vehicle ever since.

 

But who today would care (or dare) to make a case for exceptional Irish criminality? The immigrating Irish were more prone to criminality not because of some genetic inheritance, but because they were so very poor, so neglected, so abandoned. When I see a vagrant today, snoring on a park bench, clothed in rags and stinking, I think to myself: Whatever happened to this guy, whatever the history that dropped him on this park bench, no one loved him enough when he was a child.

 

His parents, if he had parents, were too taken up with the pain of living, with the struggle for survival, with their own hideous fears, to tend to him adequately, if at all. No one came to rescue this child, give him enough to eat, adequate shelter, a caring environment — the love that everyone needs in order to grow.

 

We — the larger society — have a profound obligation to such people, an obligation we have largely ignored. Many other societies in the Western world devote considerable resources to keeping poor children (and their parents) from despair. As an American friend of mine who lives in Denmark says: “In Denmark we tax the rich, but everyone is comfortable.”

 

Not everyone is comfortable in the United States. Many children live below the poverty line, millions of them without enough food or adequate shelter and with almost no attention to their educational needs. As for their emotional needs, are you kidding me?

 

If Texas would pay attention to the needs of all its children, if we would all do the same for all our children, if we would only admit that every child needs to be loved and that we are all obliged to help ensure this outcome, our world would change overnight. We would certainly not need our electric chairs and nooses and lethal injections. We could then say what the poet-priest John Donne said as long ago as 1623, “Any man’s death diminishes me because I am involved in mankind.”

 

Any man’s death. Any woman’s death. Any child’s despair.

 

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TEXAS- UPCOMING EXECUTION Kimberly McCarty JUNE 26, 2013 Executed


Update june 26

Update June 25

Texas’ highest criminal court has denied a request to block a Dallas County woman’s execution this week.

Kimberly McCarthy’s execution would be the 500th in Texas since the state resumed carrying out the death penalty in 1982. She contends black jurors were improperly excluded from her trial by Dallas County prosecutors and this wasn’t challenged by her lawyers.

But the Texas Court of Criminal Appeals in Austin denied McCarthy’s request on Monday. The court said it didn’t consider the merits of McCarthy’s appeal because she should have raised her claims previously.

Maurie Levin, McCarthy’s attorney, said she is “reviewing the order and considering our options.”

McCarthy, 52, also would be the first woman put to death in the U.S. since 2010 if she receives lethal injection on Wednesday.

UPDATE JUNE 20

APPEAL FILED FOR KIMBERLY McCARTHY

DALLAS – Attorneys for Kimberly McCarthy filed an appeal Wednesday designed to block her execution.

The motion was made in the 292nd District Court of Dallas County, the site of McCarthy’s original trial on a charge of murdering her neighbor.

If McCarthy does not succeed in her appeals, she is slated to be executed Wednesday..

june 19 2013 source : http://www.kwtx.com

Kimberly McCarthy (Texas prison photo)

The lawyer for former nursing home therapist Kimberly McCarthy, 52, who’s scheduled to die next week for the murder of an elderly neighbor, has filed an appeal in an effort to block the execution.

McCarthy, who’s on women’s death row in Gatesville, is scheduled to receive a lethal injection next Wednesday.

If she does, she would be the first woman put to death in the U.S. since 2010 and the 500th prisoner executed in Texas since the death penalty resumed in 1982.

She was sentenced to die for the fatal stabbing, beating and robbery of her 71-year-old neighbor, retired college professor Dorothy Booth, in 1997.

McCarthy’s state court appeal contends black jurors were improperly excluded from her trial, and that her lawyers should have challenged the exclusions.

Lawyer Maurie Levin says the punishment should be stopped in light of a recent U.S. Supreme Court decision backing another Texas prisoner who raised similar arguments about attorney competence.

I. BACKGROUND

On July 21, 1997 McCarthy entered the home of her 71-year-old neighbor Dorothy Booth under the pretense of borrowing some sugar and then “stabbed Mrs. Booth five times, hit her in the face with a candelabrum, cut off her left ring finger in order to take her diamond ring, and nearly severed her left little finger as well.” McCarthy v. State, No. 74590, 2004 WL 3093230, at *2 (Tex. Crim. App. 2004). McCarthy then took Mrs. Booth’s purse and its contents, along with her wedding ring and fled in her car. Later, McCarthy bought drugs with the stolen money, used the stolen credit cards, and pawned the stolen wedding ring. This was the last in a series of robbery-murders that McCarthy committed against her elderly female acquaintances.

On August 18, 1997, McCarthy was charged with capital murder for causing Booth’s death in the course of committing and attempting to commit robbery. (Vol. 1, State Clerk’s Record, “CR”, at 2-3) Her first conviction and death-sentence in 1998 was reversed on direct appeal by the Texas Court of Criminal Appeals (“CCA”). See McCarthy v. State, 65 S.W.3d 47 (Tex. Crim. App. 2001) (hereinafter “McCarthy I”). She was subsequently tried and found guilty of capital murder in November of 2002, which was affirmed, see McCarthy v. State, 2004 WL 3093230 (“McCarthy II”), and her petition for a writ of certiorari was denied by the Supreme Court of the United States. McCarthy v. Texas, 545 U.S. 1117 (2005). McCarthy filed her second state habeas action on August 24, 2004, which was denied (without an evidentiary hearing in the trial court) by the CCA on September 12, 2007. Ex parte McCarthy, No. 50,360-02, 2007 WL 2660306 (Tex. Crim. App. 2007). On September 11, 2008, McCarthy filed in this court a petition for a writ of habeas corpus within the one-year limitations period.

Victim Dorothy Booth, 71.