HOUSTON (CBSDFW.COM/AP) — A condemned Dallas woman who avoided execution with a last-day reprieve in January is asking a Dallas judge to again halt her execution now set for early next month.
Convicted killer Kimberly McCarthy 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 and introduced March 6 in the Texas Legislature is determined.
Attorney Maurie Levin contends McCarthy’s 1998 trial jury, which was predominantly white, 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.
McCarthy, a former nursing home therapist, is facing execution for the 1997 slaying of her 71-year-old female neighbor during a robbery in Lancaster.
Investigators said the neighbor, Dorothy Booth a retired college professor, had agreed to give McCarthy a cup of sugar before she was attacked with knife and beaten with a candelabra. McCarthy also cut off Booth’s finger, so she could take her wedding ring.
If McCarthy’s April 3 execution is carried out she will be fourth woman ever executed in Texas.
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