Michael Wayne Richard
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Burglary of a habitation (2 counts)
Felony theft (2 counts)
Forgery
Michael Wayne Richard | |
|---|---|
| Born | August 24, 1959 Waller County, Texas, U.S. |
| Died | September 25, 2007 (aged 48) Huntsville Unit, Texas, U.S. |
| Criminal status | Executed by lethal injection |
| Convictions | Capital murder Burglary of a habitation (2 counts) Felony theft (2 counts) Forgery |
| Criminal penalty | Death |
| Details | |
| Victims | 1 |
| Date | August 18, 1986 |
| Weapons | .25 caliber pistol[1] |
Michael Wayne Richard (August 24, 1959 – September 25, 2007)[2] was an American man who was convicted of rape and murder. He was executed for his crimes in the state of Texas in 2007. His execution gained notoriety due to controversies regarding procedural problems related to the timing of the execution. Richard admitted he was involved in the murder and offered to help find the murder weapon. Police found the weapon and testing revealed it to be the gun that fired the fatal shot.[3]
On August 18, 1986, in Hockley, Texas, while on parole for motor vehicle theft, Richard entered the home of Marguerite Lucille Dixon, stole two television sets, raped Dixon, fatally shot her, and then stole her van. In the wake of the Supreme Court of the United States expressing interest in the question of the constitutionality of lethal injections, on the same day that the execution was scheduled, Richard's lawyers sought a stay of execution. [citation needed]
Trial and execution
The stay request had to be filed with the Texas Court of Criminal Appeals in Austin. The execution was scheduled for 6 PM, but the court's clerks office, where motions are usually filed, was scheduled to close at 5 PM, and refused to remain open beyond then to allow a later filing. Richard's lawyers claimed that, because of a computer failure, they did not reach the Court of Criminal Appeals until about 5:20 p.m. Although there was a judge on call to receive emergency stay motions,[4][5] and although Texas law would have allowed the stay application to be filed directly with a judge of the court,[5][6][7] the lawyers did not attempt to contact any of them.[7] However, Richard's legal team did call the court to ask for a short extension of time to file a motion based on a case, Baze v. Rees, that had just been granted certiorari by the United States Supreme Court earlier that day.[6] Judge Sharon Keller responded with four words: "We close at 5."[6] Richard was subsequently executed at 8:23 p.m. on September 25, 2007, at Huntsville, Texas.[8]