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Dallas Woman Set To Die Next Month Seeking Delay

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Convicted Texas murderer Kimberly McCarthy. (credit: Texas Dept. of Criminal Justice)

Convicted Texas murderer Kimberly McCarthy. (credit: Texas Dept. of Criminal Justice)

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.

(©2013 CBS Local Media, a division of CBS Radio Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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