Wednesday, June 19, 2013

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Media Advisory: Kimberly McCarthy scheduled for execution

AUSTIN — Pursuant to an order of Dallas County's 292nd Judicial District Court, Kimberly McCarthy is scheduled for execution after 6 p.m. on June 26, 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 Nov. 17, 1998, a Dallas County jury found McCarthy guilty of capital murder. 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 U.S. Supreme Court denied the State’s petition for a writ of certiorari.

On Oct. 29, 2002, following a retrial, a Dallas County jury found McCarthy found guilty of capital murder. She was again sentenced to death.

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

On June 13, 2005, the U.S. Supreme Court denied McCarthy's 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 United States District Court for the Northern District of Texas. That court denied her petition on May 9, 2011.

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

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

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

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

On April 1, 2013, the 292nd Judicial District Court rescheduled McCarthy’s execution to June 26, 2013.

On June 19, 2013, McCarthy filed in the state trial court an application for post-conviction writ of habeas corpus.

On June 24, 2013, the Texas Court of Criminal Appeals dismissed McCarthy’s application for writ of habeas corpus and denied her motion for a stay of execution.

On June 25, 2013, McCarthy filed in the Texas Court of Criminal Appeals a suggestion for reconsideration on the court's own motion for dismissal of her application for post-conviction writ of habeas corpus and a motion for stay of execution.

On June 25, 2013, the Texas Court of Criminal Appeals declined to reconsider its earlier order dismissing McCarthy’s most recent habeas application and it has also denied McCarthy’s motion to stay execution.

There is presently no pending litigation in McCarthy's case.

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, who had helped organize McCarthy’s wedding and who had let McCarthy store excess furniture at her house. Harding was stabbed several times in the face, chest and abdomen, including one wound piercing her heart. She also suffered “dramatic” injuries to her face, including a broken jaw, crushed cheek bone, and bleeding on the brain. These wounds were consistent with being caused by a meat tenderizer found in the kitchen sink. 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 stabbed in the face, including wounds piercing her eyes. She also suffered blunt force trauma to her head and neck, including strikes which tore one of her ears, fractured her skull, and caused bleeding on the brain. These injuries were consistent with a claw hammer found near Lucas’s body. 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.