HUNTSVILLE, Texas (AP) — Defense lawyers have made a late request to halt the execution of a Texas woman set to become the first female put to death in the U.S. in three years.
The request was sent to a Dallas County judge Tuesday just hours before Kimberly McCarthy's scheduled execution.
University of Texas law professor Maurie Levin argues that McCarthy was the subject of racial discrimination by the jury of 11 whites and only one black that convicted her. McCarthy is black.
She said the same in a letter Friday to Dallas County District Attorney Craig Watkins.
Watkins' office calls the effort a "mere delay" tactic because the record doesn't support a valid legal claim for discrimination.
McCarthy faces execution in Huntsville for the 1997 beating, stabbing and robbing of a neighbor.
THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.
The execution Tuesday of a Texas woman convicted in the gruesome murder of her 71-year-old neighbor will mark the first time in three years that a female inmate has been put to death in the U.S.
Kimberly McCarthy, 51, was sentenced to death for the 1997 robbery, beating and fatal stabbing of retired college psychology professor Dorothy Booth. Investigators say Booth had agreed to give McCarthy a cup of sugar before she was attacked with a butcher knife at her home in Lancaster, about 15 miles south of Dallas.
It was among three slayings linked to McCarthy, a former nursing home therapist who'd been addicted to crack cocaine. Her lethal injection is scheduled for Tuesday evening.
McCarthy will be 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 last Oct. 1, and only 63 — 2 percent — were women.
In a final legal effort to spare her life, McCarthy's lawyers asked Gov. Rick Perry on Monday to use his executive authority to issue a 30-day reprieve. They also appealed to Dallas County District Attorney Craig Watkins to withdraw or modify the execution date, citing his support that Texas adopt a law allowing death-row inmates to appeal on racial grounds. McCarthy is black, while all but one of her 12 Dallas County jurors were white.
The U.S. Supreme Court earlier this month refused to review her case, and the Texas Board of Pardons and Paroles turned down a clemency request Friday.
Her lead attorney, Doug Parks, said drug use was McCarthy's downfall.
"I think when she's off dope she's probably a pretty good person," he said. "I believe now, as I did then, that in the penitentiary, Kim would be absolutely no danger to anyone."
McCarthy declined to speak with reporters as her execution date neared.
Evidence showed that McCarthy called Booth to borrow a cup of sugar. When she came to pick it up, McCarthy attacked Booth, including forcing the woman's hand to a chopping block so she could cut off her finger to remove her wedding ring.
"I remember the pain and agony that poor woman lived through before McCarthy delivered the final stab wounds," former Dallas County assistant district attorney Greg Davis recalled last week.
Blood DNA evidence also tied McCarthy to the December 1988 slayings of 81-year-old Maggie Harding and 85-year-old Jettie Lucas. Harding was stabbed and beaten with a meat tenderizer, while Lucas was beaten with both sides of a claw hammer and stabbed.
McCarthy, who denied any involvement in the attacks, was indicted but not tried for those slayings.
"She took the most defenseless, the most helpless people, people that trusted her, that she chose to attack," Davis said.
The Dallas County jury had already found McCarthy guilty of Booth's slaying when evidence during the punishment phase of her trial linked her to the other two slayings and convinced jurors to send her to death row.
Prosecutors also showed that McCarthy stole Booth's Mercedes and drove to Dallas, pawned the ring for $200 and then went to a crack house to buy cocaine. Evidence also showed she used Booth's credit cards at a liquor store and was carrying Booth's driver's license.
Booth's DNA was found on a 10-inch butcher knife recovered from McCarthy's home.
McCarthy said she blamed the crime on two drug dealers she identified only as "Kilo" and "J.C." There was no evidence to show either existed.
McCarthy was tried twice for Booth's slaying, most recently in 2002. Her first conviction in 1998 was thrown out three years later by the Texas Court of Criminal Appeals, which ruled police violated her rights by using a statement she made to them after asking for a lawyer.
McCarthy is a former wife of Aaron Michaels, founder of the New Black Panther Party, and he testified on her behalf. They had separated before Booth's slaying.
McCarthy is among 10 women on death row in Texas, but the only one with an execution date.
In 1998, Karla Faye Tucker, 38, became the first woman executed in Texas since the Civil War for a robbery in Houston where two people were killed with a pickax. Two years later, a 62-year-old great-grandmother, Betty Lou Beets, received lethal injection for the slaying of her fifth husband in northeast Texas to collect insurance and pension benefits. And in 2004, Frances Newton, 40, was executed for the 1987 slayings of her husband and two children in Houston.
At least eight male Texas prisoners have executions scheduled in the coming months.
Copyright 2013 The Associated Press.
DES MOINES, Iowa (AP) — Republican candidate Mitt Romney and President Barack Obama are making the hard sell to working-class and women voters while raising the volume of their criticism to cast the other guy as an extremist.
Romney's team thrust welfare into the campaign with an ad claiming that Obama planned to dole out taxpayer dollars to anyone, even those not trying to find work. For his part, Obama was to appear Wednesday with Sandra Fluke, the Georgetown University student who became a flashpoint for women's health and, by proxy, abortion rights. Obama's message: Romney would take away women's health insurance benefits won by Democrats.
Romney is set for a Wednesday morning rally in Des Moines before flying back to New Jersey to raise more money for his already sizable campaign accounts. Obama is heading westward to Colorado to make the case to voters, especially women, that he should be re-elected in November.
Romney charged that Obama was undoing welfare reforms President Bill Clinton signed into law in 1996 by offering waivers to states. His campaign sees Obama's decision as an opportunity to argue that the president is a liberal who wants to give the poor a free pass at the expense of the middle class.
White House spokesman Jay Carney blasted Romney's assertions as "categorically false and blatantly dishonest." The White House said Obama wanted to give states the flexibility they had been seeking to tailor the program to their needs.
Some conservatives fear the increased latitude could allow states to get around the work requirements, which were a key element of the welfare overhaul under Clinton. But the former president himself weighed in, saying in a statement that the assertion in Romney's ad was "not true" and the ad misleading.
The welfare issue as pushed by the Romney campaign appeared to be aimed at blue-collar whites in a weak economy and suggested that Obama might be gaining ground politically with his position on taxes.
The setting for the comments mattered, too. Romney was campaigning in Iowa, where six electoral votes are up for grabs. Strategists from both parties envision a close election in the state that, in some ways, launched both Romney and Obama.
Four years ago, Obama won Iowa's leadoff Democratic caucuses en route to his party's presidential nomination. He went on to carry Iowa in the general election against Republican Sen. John McCain.
Yet when Obama won the state four years ago, Democrats had a 105,000-voter registration advantage. Republicans now hold a 21,589 voter advantage and are more bullish about their chances.
Romney, too, won his party's Iowa caucuses — at least for a while. Election officials later reversed the call and gave Sen. Rick Santorum the upset. By then, Romney had momentum after another strong showing in New Hampshire.
Obama plans to spend three days in Iowa next week, a signal that his advisers see the Midwestern state as fertile soil for his political message, especially his support for wind energy. Wind turbines dot the Iowa horizon and employ thousands of voters. Romney often mocks Obama's support for so-called green energy projects, a position that puts him at odds with Republican leaders in the state.
Obama is launching a two-day, four-city swing through Colorado on Wednesday. His events are expected to focus on the economy, including his call for Congress to extend tax cuts for families making less than $250,000 a year while letting the cuts for higher-income earners expire.
A new Quinnipiac University poll shows Obama and Romney tied among voters in Colorado households earning between $30,000 and $50,000 per year — an important target. Obama leads among voters with lower incomes; Romney is favored by those making more.
Obama planned to emphasize women's health issues at his first event in Denver. The crowd at the Auraria Event Center was expected to be predominantly women. The president was to be introduced by Fluke, the Georgetown University student who gained notoriety after conservative talk show host Rush Limbaugh called her a slut because she supports the Obama health care law's requirement that insurance companies cover contraception.
The president has been running television advertisements in Colorado highlighting his health care overhaul's benefits for women and warning that those benefits could be taken away if Romney wins. On Wednesday the campaign released a video in which actress Elizabeth Banks describes her personal experience with Planned Parenthood and criticizes Romney for promising to eliminate its federal funding.
Both Obama and Romney see women — particularly suburban women from their 30s to their 50s — as crucial to their victory in Colorado, where polls show the candidates in a tight contest for the state's nine electoral votes.
Obama has had the edge over female voters nationally and is focusing on a particularly promising subset: college-educated women. Fifty-five percent of college-educated women preferred Obama in a June Associated Press-GfK poll, while 40 percent preferred Romney.
Obama has been a frequent visitor to Colorado this summer, but not for purely political purposes. He made a quick trip to Colorado Springs in late June to view wildfire damage and meet with first responders battling the most devastating fires in the state's history. Two weeks later, he returned to meet with the grief-stricken families and survivors of the movie theater shooting in Aurora.
Both trips gave Obama an opportunity to assume the role of consoler in chief and show swing-state voters leadership in a crisis.
This week, Obama's focus will be solely on rounding up votes in the tightly contested Western battleground.
Both Colorado and Iowa, with huge swaths of independent-minded voters, hold significant political weight in November. In a tight election, their electoral votes could make the difference between a win or a loss. Obama won both in 2008.
Pace reported from Washington. Associated Press writers Steve Peoples in Chicago and Kasie Hunt in Washington contributed to this report.
Copyright 2012 The Associated Press.
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