HOUSTON (March 22, 2013)—Convicted killer Kimberly McCarthy, who’s held on women’s death row in Gatesville, is asking a state district judge in Dallas to halt her execution, which is now scheduled for April 3.
McCarthy, who avoided execution with a last-day reprieve in January, asked State District Judge Larry Mitchell in a court filing Friday to put off the April 3 lethal injection until the fate of a bill related to issues in her case that was introduced March 6 in the Texas Legislature is determined.
Attorney Maurie Levin contends McCarthy's 1998 trial jury may have been unfairly selected on the basis of race.
A bill proposed by Sen. Royce West and Rep. Eric Johnson, both Dallas Democrats, would bar racial discrimination in capital case prosecution.
Levin argues that McCarthy, who’s black, was the subject of racial discrimination by the jury of 11 whites and only one black that convicted her.
McCarthy was convicted and sentenced to death in November 1998 for the July 21, 1997 murder of her neighbor, Dorothy Booth, 71, at Booth’s home in Lancaster.
Evidence showed McCarthy went to Booth’s home on the pretense of borrowing sugar and then stabbed the retired professor five times and hit her in the face with a candelabrum.
She cut off Booth’s left ring finger to take a diamond ring and nearly severed Booth’s left little finger as well, evidence showed.
She fled with Booth’s purse and wedding ring and later bought drugs with the stolen money, used the stolen credit cards and pawned the stolen ring, evidence showed.
On Jan. 7, the U.S. Supreme Court without comment, refused to review McCarthy’s case.
McCarthy is one of 10 women on women's death row at the Mountainview Unit in Gatesville, but the only one with an execution date.