Thursday, March 21, 2013

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Media Advisory: Kimberly McCarthy scheduled for execution

On April 1, 2013, the 292nd Judicial District Court in Dallas County modified McCarthy’s execution date from April 3, 2013, to June 26, 2013.

AUSTIN — Pursuant to an order of the 292nd Judicial District Court in Dallas County, Kimberly McCarthy is scheduled for execution after 6 p.m. on April 3, 2013.

A Dallas County jury found McCarthy guilty of murdering Dorothy Booth during the course of a robbery.

FACTS OF THE CRIME

The United States District Court for the Northern District of Texas described Booth’s murder as follows:

On July 21, 1997 McCarthy entered the home of her 71-year-old neighbor Dorothy Booth under the pretense of borrowing some sugar and then stabbed Mrs. Booth five times, hit her in the face with a candelabrum, cut off her left ring finger in order to take her diamond ring, and nearly severed her left little finger as well. McCarthy then took Mrs. Booth’s purse and its contents, along with her wedding ring and fled in her car. Later, McCarthy bought drugs with the stolen money, used the stolen credit cards, and pawned the stolen wedding ring.

PROCEDURAL HISTORY

On August 18, 1997, McCarthy was indicted in Dallas County for the capital murder of Dorothy Booth.

On November 17, 1998, McCarthy was found guilty of capital by a Dallas County jury and after a separate punishment hearing, McCarthy was sentenced to death.

On December 12, 2001, McCarthy’s initial capital murder conviction was reversed by the Texas Court of Criminal Appeals on direct appeal.

On June 28, 2002, the State’s petition for a writ of certiorari was denied by the U.S. Supreme Court.

On October 29, 2002, McCarthy was again found guilty of capital murder by a Dallas County jury in a retrial, and she was again sentenced to death.

On September 22, 2004, the Texas Court of Criminal Appeals affirmed McCarthy’s second judgment of conviction.

On June 13, 2005, the U.S. Supreme Court denied her petition for writ of certiorari.

On August 24, 2004, McCarthy filed a state habeas application, which the Texas Court of Criminal Appeals denied on September 12, 2007.

On September 11, 2008, McCarthy filed a federal habeas petition in the U.S. District Court for the Northern District of Texas. That court denied her petition on May 9, 2011.

On July 11, 2012, the U.S. Court of Appeals for the Fifth Circuit denied McCarthy’s application for a certificate of appealability.

On January 7, 2013, the U.S. Supreme Court denied McCarthy’s petition for writ of certiorari.

On September 4, 2012, the 292nd Judicial District Court in Dallas County set McCarthy’s execution for January 29, 2013.

On January 29, 2013, the 292nd Judicial District Court of Dallas rescheduled McCarthy’s execution to April 3, 2013.

PRIOR CRIMINAL HISTORY

Under Texas law, the rules of evidence prevent certain prior criminal acts from being presented to a jury during the guilt-innocence phase of the trial. However, once a defendant is found guilty, jurors are presented with information about the defendant’s prior criminal conduct during the second phase of the trial, which is when they determine the defendant’s punishment.

In addition to Booth’s murder, McCarthy had also murdered two other elderly women. The first, Maggie Harding, was an eighty-two-year-old longtime friend of McCarthy’s family. Harding was beaten and stabbed several times in the face, chest and abdomen, including one wound piercing her heart. Harding’s purse was missing from her home.

The second of McCarthy’s elderly victims was eight-five-year-old, physically disabled Jettie Lucas, a “distant cousin” of McCarthy’s mother. Lucas was beaten and stabbed in the face, including wounds piercing her eyes. The contents of Lucas’s purse and wallet were missing.

In addition, McCarthy had convictions for forgery, theft of services, and prostitution. While incarcerated awaiting trial, McCarthy assaulted, threatened and took advantage of other inmates, and violated many prison rules.

MISCELLANEOUS

For additional information and statistics, please go to the Texas Department of Criminal Justice website, www.tdcj.state.tx.us.