Texas woman's execution halted; DA won't appeal

Published on NewsOK Modified: January 29, 2013 at 3:42 pm •  Published: January 29, 2013
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HUNTSVILLE, Texas (AP) — The first woman scheduled to be executed in the U.S. since 2010 won a reprieve Tuesday, mere hours before she was scheduled to be taken to the Texas death chamber.

State District Judge Larry Mitchell, in Dallas, rescheduled Kimberly McCarthy's punishment for April 3 so lawyers for the former nursing home therapist could have more time to pursue an appeal focused on whether her predominantly white jury was improperly selected on the basis of race. McCarthy is black.

Dallas County prosecutors, who initially contested the motion to reschedule, chose to not appeal the ruling.

District Attorney Craig Watkins said the 60-day delay was "appropriate." If no irregularities are discovered, he said he'd move forward with the execution.

"We want to make sure everything is done correctly," he said.

The 51-year-old McCarthy was convicted and sent to death row for the 1997 stabbing, beating and robbery of a 71-year-old neighbor. She learned of the reprieve less than five hours before she was scheduled for lethal injection, already in a small holding cell a few feet from the death chamber at the Texas Department of Criminal Justice Huntsville Unit.

"I'm happy right now over that," she told prison agency spokesman John Hurt. "There's still work to be done on my case."

Hurt said McCarthy was in good spirits and "didn't seem tense or nervous" even before she learned she would live.

A Dallas County jury convicted her of killing neighbor Dorothy Booth at the retired college psychology professor's home in Lancaster, about 15 miles south of Dallas.

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