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Keller: Other judge knew about late appeal
Posted: 08.17.2009 at 1:28 PM
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Attorneys for embattled Judge Sharon Keller say another judge on the Texas Court of Criminal Appeals knew a death row inmate was trying to file a last-minute appeal before being executed.

SAN ANTONIO, TEXAS (AP) -- Keller went on trial Monday in San Antonio on five charges of judicial misconduct for not keeping her court open the night convicted killer Michael Wayne Richard (ruh-SHARD') was put to death in September 2007.

The charges could be career-ending for Keller, the presiding judge of the state's top criminal appeals court.

Chip Babcock, Keller's attorney, said during opening statements that Judge Cheryl Johnson was also told Richard's lawyers were trying to file an appeal. However, Johnson denied that during testimony and said she would have taken the filing if she had known it was running late.

Johnson's testimony was to continue Monday afternoon.

(Copyright ©2009 by The Associated Press. All Rights Reserved.)

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