"Death sentence will likely change for woman in Mansfield slayings," is the title of Melody McDonald's report in today's Fort Worth Star-Telegram.
Six years ago, convicted killer Chelsea Richardson became the first woman in Tarrant County to be sentenced to death.
But in all likelihood, Richardson, 27, will soon be leaving Death Row.
After nearly four years of legal battling, Richardson's appellate attorney and the Tarrant County district attorney's office agreed that the former prosecutor on her case withheld evidence and that she should get a new punishment hearing -- and a life sentence.
The agreement marks the second time in three years that the district attorney's office has agreed to change the outcome of a death penalty case handled by ex-prosecutor Mike Parrish. In both cases, Parrish -- who retired in 2008 amid the controversy -- committed prosecutorial misconduct by withholding evidence that could have been useful to the defense.
"This office will not be a party to the infliction of death as a punishment when there is even an appearance of impropriety on the part of a prosecutor who formerly worked in this office," District Attorney Joe Shannon said. "If the death penalty is to be used, it must be obtained legally, fairly and honestly and without the hint of a possible injustice."
And:
This week, Richardson's attorney, Bob Ford, and Assistant District Attorneys Chuck Mallin and Steve Conder submitted a legal document with their agreement to state District Judge Steven Herod of Eastland County, who was appointed to hear the appeal. If Herod agrees with their conclusions, he will make a recommendation to the Texas Court of Criminal Appeals, the only entity that can order a new punishment hearing.
If the appellate court agrees to the new punishment hearing, both sides then plan to enter into an agreement, and Richardson will receive a life sentence -- a deal that will finally bring the case to a close.
In May 2005, Richardson received a death sentence after she was convicted of capital murder in the slayings of her boyfriend's parents, Rick and Suzanna Wamsley of Mansfield. Authorities said Richardson; her boyfriend, Andrew Wamsley; and friend Susana Toledano killed the couple in 2003 so Andrew Wamsley could inherit his parents' $1.56 million estate.
Toledano -- who did most of the shooting and stabbing -- struck a deal with prosecutors and received a life sentence in exchange for pleading guilty to murder and testifying against Wamsley and Richardson. Wamsley went to trial, was convicted of capital murder and received a life sentence. Richardson, portrayed by prosecutors as the mastermind, also took her chances with a jury, who convicted her of capital murder and sentenced her to death.
And:
Ford's argument centered on the credibility of Parrish, whom he called a "weasel" and a "certified cheat." Ford argued that Parrish failed to give notes by psychologist Randy Price to Richardson's defense team. Price's notes could have suggested that Toledano, not Richardson, was the mastermind.
To bolster his argument, Ford reminded Herod about Parrish's misconduct in another case, which prompted the Texas Court of Criminal Appeals in 2008 to overturn the conviction of Death Row inmate Michael Toney, who had been convicted for a 1995 bombing that killed three people. In that case, the district attorney's office also agreed that Parrish committed prosecutorial misconduct when he failed to turn over to the defense 14 documents containing exculpatory or impeaching evidence.
Toney was released from prison but died in a car wreck before prosecutors decided whether to retry him. Parrish, meanwhile, received a private reprimand by the State Bar of Texas for his conduct in Toney's case.
Coverage of Michael Toney's case begins at the link. The responsibility of the state to provide exculpatory evidence to the defense was articulated in the 1963 Supreme Court ruling in Brady v. Maryland; more via Oyez.
Related posts are in the prosecutorial misconduct index.
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