One thing became clear in the videotaped deposition of Ed Marty, the Court of Criminal Appeals’ general counsel on Sept. 25, 2007: Marty doesn’t remember exactly what happened. At one point during the Aug. 6 deposition, Marty said he told CCA Judge Cheryl Johnson, the assigned judge for Michael Richard’s execution, that Richard’s representative had called and requested that the clerk’s office remain open but that the office closed without a filing from Richard. However, Marty also said during the deposition that he had not told Johnson about that call. At one point in the deposition, Mike McKetta, the State Commission on Judicial Conduct’s special counsel in In Re: Honorable Sharon Keller, said to Marty, “Really, you don’t have a memory of what you told Johnson?” Marty replied, “That’s correct.”
-- Mary Alice Robbins



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