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January 31, 2013

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Execution of US woman convicted of murder halted

THE first woman scheduled to be executed in the US since 2010 has won a reprieve, mere hours before she was scheduled to be taken to the Texas death chamber.

State District Judge Larry Mitchell, in Dallas, on Tuesday rescheduled Kimberly McCarthy's execution 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.

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.

"I'm happy right now over that," she said. "There's still work to be done on my case."

A Dallas County jury convicted her of killing neighbor Dorothy Booth at the retired college psychology professor's home in Lancaster.

"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, 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," 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.




 

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