State District Judge Larry Mitchell's action formalized an agreement . . . between Dallas County District Attorney Craig Watkins and McCarthy's attorney that McCarthy's punishment should be put off until the fate of death penalty-related bills now in the Texas Legislature are determined. Lawmakers are about halfway through their six-month session.
McCarthy's attorney, Maurie Levin, contends the jury in McCarthy's case was unfairly selected on the basis of race. [Of the 13 jurors selected in McCarthy's case, all were Caucasians except one.]"
When health care professionals in Louisiana killed their patients during Katrina, none of them were even imprisoned. Many police officers have been filmed killing unarmed citizens, and they suffered no prosecution whatsoever. The same district attorneys who give persuasive arguments for the death penalty regarding some defendants generally withhold prosecution when police officers do violence, perhaps to help the city avoid liability for wrongful deaths the officers caused. It appears that some killers are excused from prosecution if such prosecution would expose the city to wrongful death litigation. Sincere outrage over murders would compel the same response to every murder, but that is not what happens. There exists great disparity in application of the law.
Who shares the blame that McCarthy was addicted to crack cocaine and became a desperate junkie looking for her next fix? There is reason to believe the CIA introduced crack, a highly addictive drug, into America, possibly to derail African Americans. Wikipedia reports, "The involvement of the United States Central Intelligence Agency (CIA) in cocaine trafficking in Central America during the Reagan Administration as part of the Contra war in Nicaragua has been the subject of several official and journalistic investigations since the mid-1980s." See "CIA and Contras cocaine trafficking in the U.S."
An even more compelling reason to spare McCarthy and end capital punishment, especially in Bible Belt states like Texas, is that God forbids executions throughout the New Testament. Jesus said, "You have heard that it was said, ‘Eye for eye, and tooth for tooth.' But I tell you, do not resist an evil person" (Matthew 5:38). Capital punishment is incongruous with Christianity, yet most executions occur in the Bible Belt and are sanctioned by so-called Christians.
Nearly 2,000 people have signed the following petition to spare Kimberly McCarthy:
Texas Moratorium Network carries information about bills the Texas House of Representatives is considering that could have impact on McCarthy's sentence:
Next Tuesday, April 16, the House Committee on Criminal Jurisprudence will hear testimony on HB 2458 that would prohibit seeking or imposing the death penalty on the basis of a person’s race.
Next Tuesday, the House Criminal Jurisprudence Committee will also hear testimony on HB 189 by Rep. Dutton that would affect what is allowable testimony in death penalty cases.
(b) Testimony of an informant or of an alleged accomplice of the defendant is not admissible if the testimony is given in exchange for a grant or promise by the attorney representing the state or by another of immunity from prosecution, reduction of sentence, or any other form of leniency or special treatment. Article 38.14 does not apply to accomplice testimony described by this subsection.
(c) A statement against interest made by the defendant to a person who at the time of the alleged statement was in custody with or imprisoned or confined with the defendant is admissible only if the statement is corroborated by an electronic recording.
More information is at the Texas Moratorium Network