HUNTSVILLE, Texas (AP) — The first woman scheduled to be executed in the U.S. since 2010 won a reprieve Tuesday, mere hours before she was scheduled to be taken to the Texas death chamber.
State District Judge Larry Mitchell, in Dallas, rescheduled Kimberly McCarthy‘s punishment for April 3 so lawyers for the former nursing home therapist could have more time to pursue an appeal focused on whether her predominantly white jury was improperly selected on the basis of race. McCarthy is black.
Dallas County prosecutors, who initially contested the motion to reschedule, chose to not appeal the ruling.
District Attorney Craig Watkins said the 60-day delay was “appropriate.” If no irregularities are discovered, he said he’d move forward with the execution.
“We want to make sure everything is done correctly,” he said.
The 51-year-old McCarthy was convicted and sent to death row for the 1997 stabbing, beating and robbery of a 71-year-old neighbor. She learned of the reprieve less than five hours before she was scheduled for lethal injection, already in a small holding cell a few feet from the death chamber at the Texas Department of Criminal Justice Huntsville Unit.
“I’m happy right now over that,” she told prison agency spokesman John Hurt. “There’s still work to be done on my case.”
Hurt said McCarthy was in good spirits and “didn’t seem tense or nervous” even before she learned she would live.
A Dallas County jury convicted her of killing neighbor Dorothy Booth at the retired college psychology professor’s home in Lancaster, about 15 miles south of Dallas.
“We are very pleased that we will now have an opportunity to present evidence of discrimination in the selection of the jury that sentenced Kimberly McCarthy to death,” said Maurie Levin, a University of Texas law professor and McCarthy’s lawyer.
“Of the twelve jurors seated at trial, all were white, except one, and eligible non-white jurors were excluded from serving by the state. … These facts must be understood in the context of the troubling and long-standing history of racial discrimination in jury selection in Dallas County, including at the time of Ms. McCarthy’s trial,” Levin said.
Investigators said Booth had agreed to give McCarthy a cup of sugar before she was attacked with a butcher knife and candelabra. Booth’s finger also was severed so McCarthy could take her wedding ring. It was among three slayings linked to McCarthy, who’d been addicted to crack cocaine.
McCarthy would have been the 13th woman executed in the U.S. and the fourth in Texas, the nation’s busiest death penalty state, since the Supreme Court allowed capital punishment to resume in 1976. In that same time period, more than 1,300 male inmates have been executed nationwide.
Federal Bureau of Justice Statistics compiled from 1980 through 2008 show women make up about 10 percent of homicide offenders nationwide. According to the NAACP Legal Defense Fund, 3,146 people were on the nation’s death rows as of Oct. 1, and only 63 — 2 percent — were women.
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This Week’s Celebrity Instagrams (10/15-10/21)
31 photos Launch gallery
1. Just a NY girl with BIG dreams....
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2. HAPPY CHILDREN=QUALITY PARENTING. We don't always see eye to eye on everything and that's normal. We're human beings. But we come together and do it right for what's important, the kids. We are not enemies, we are parents. And we are parents 1st. S/O to @monyettashaw for making Mason's bday memorable. S/O to @itscrystalsmith at home taking care of our other lil' Prince. ❤️❤️❤️ THIS IS WHAT CO-PARENTING LOOKS LIKE. #Blessed #Happy #AboveTheDrama #BiggerThanUs
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3. So happy to finally be able to share with you all that I’m the new Global Brand Ambassador for @Revlon! Follow my day on RevlonSnaps. Yay! Choose Love, Everybody! #RevlonXCiara #chooselove #ad
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4. Glam on point!!!@makeupbymotoko & @shaylinjoneshair #easybreezy @lifetimetv #beachesmovie #january2017 😘
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5. ✨True love ✨📸: @jessiemarrerophotography
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7. Today was not easy..but by the grace of God we all got through it. Words cannot express our gratitude for all of your Prayers, Positive thoughts and Support for us throughout the years. Tommy will be missed but most certainly never forgotten...And PLEASE don't ask "Where's Martin?.." he was there too...just not in this picture. Lol! God bless you all.. #LoveConquersAll #MartinShow
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9. West coast get ready for #RockyHorror. I will be live tweeting again. #letsdothetimewarpagain
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10. #THEKEYS pre order yours now ... Available everywhere #NOV22 #WeTheBest 🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑
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11. We about to ROCK at #KCABlackBall!! All for our life-changing effort to end 🌎 AIDS.
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12. Today's #SNAPJACK is brought to you by @yazzthegreatest 😂😂😂💋💋💋
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13. Damn girl you kinda old to be headed to the Go Go. You coming in at the age they leaving. LMAO
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14. Daddy daycare B-Boxin with @acewellstucker @shopraisingace
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15. #FBF Naviyd & URV "LIL MONSTERS"
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16. HAPPY BIRTHDAY TO ONE OF THE BIGGEST LEGENDS IN OUR HIPHOP HISTORY! @snoopdogg CONTINUED BLESSING AND LOVE FAMILY!!!!! REAL OG!
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17. Thank you for a beautiful night VSU! Let's do it again! #HOMECOMING
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18. Had a great time this morning with my familia Erica, Griff & Truth!!
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19. Check out my interview on @essence facebook live. #inmyownwords #nycpromo #day2
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20. #She💋 #tbt #TheCoveAtTheAtlantis #DawgPawsAndAll
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21. Bae #retailtherapy
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22. Why me and @coryhardrict got the same pose... and notee... new mouth #naked
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23. When my husband is my personal 'hype-man'! it kills me every time! 💜😂 #WHATNOW #lostfiles📷
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24. Diggy Simmons
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25. Hand full of @jacquieaiche 💙💎💍 @esnail_la 💅🏾
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26. SuperSoulers! You can watch my interview with Carl Lentz live from my Facebook page, tomorrow at 11a ET| 8a PT. #SuperSoulSunday
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27. 💋 .. When the friendship is easy like Sunday morning. ☀️
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28. Sunday mornings are the best........... hugs and cuddles with my angel
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29. #huggar16 #hellohuggars
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30. My gym is everywhere!.. #RnBMoney #TheGeneral 📸: @twelvepastseven
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31. Nothing I would rather be doing... Rocko setting up our movie, Romelō working on a puzzle & Laiyah singing and sharing all she's learning at school... I'm so grateful for the joy they've brought into my life ... Praying for peace , joy & love in the home of EVERY family ♥️ #HeadScarfPJSunday LOL 😂
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