My question is why could such a minor issue be resolved immediately following the trial? Does it seriously take 14 years? No, it doesn't. It is the delay of justice. Those responsible for the death of President Lincoln were execute within a year of the incident. Now, executions take 10 to 15 years and beyond to be carried out. What bothers me is even though the jury that convicted McCarthy was composed of 11 whites and 1 black, Judge Mitchell and others have assumed that the white folks on that jury were racist. That is a presumption based upon the color of their skin, and we have a word for that in the United States: racism. It is ironic and disgusting at the same time.
This is why I believe the Texas' legislature should immediately consider legislation that would mandate convicting courts to set an execution date on the same day of conviction to provide motivation for the defense to expediently file and resolve all appeals, require the Texas Court of Criminal Appeals to consider capital cases first, abolish the automatic appeal, and only allow up to two post-conviction writs of habeas corpus. In reality, if you are truly innocent of the offense of which you were convicted, which I believe is the only reason anyone should be exonerated, then it will not take more than two attempts to receive exoneration. Most of the time, appeals are merely used as an avenue to delay justice.
Kimberly McCarthy and numerous other should have already faced the ultimate penalty for their actions. Why haven't they?