Post by quicksilver0901 on Aug 20, 2007 17:46:31 GMT -5
August 20, 2007
Attorney: Woman's trial was unlawful
By MELODY McDONALD, Fort Worth Star-Telegram
FORT WORTH -- In May 2005, convicted killer Chelsea Richardson became the
first woman in Tarrant County to be sentenced to death.
But now, her appellate attorney, Bob Ford, is fighting to get her off Death
Row.
Ford has filed a writ of habeas corpus -- a document alleging Richardson is
being held unlawfully -- arguing that Richardson was illegally convicted
because of a dishonest prosecutor, ineffective defense attorneys and a
biased judge. He cites nine reasons why Richardson, 23, should get a new
trial or have her death sentence changed to life in prison for the 2003
killings of Rick and Suzanna Wamsley in Mansfield.
"Death penalty work is peculiar because if you decide to do it, you have to
decide there is only one person that counts and that is your client," Ford
said. "I have a reputation for attacking attorneys, and, if need be, I'll
attack a judge and prosecutor to save my client's life."
Ford recently filed motions asking the Tarrant Count district attorney's
office and Judge Everett Young to recuse themselves from the case. Young
voluntarily stepped aside. The district attorney's office refused and wants
Ford sanctioned, saying he has made false allegations.
Assistant district attorneys Chuck Mallin and Steve Conder, of the appellate
division, said Ford is jumping the gun. They have six months to investigate
and file a response, but they don't believe that any of his claims have
merit.
Conder said that it is unprecedented for an attorney to ask the judge and
the district attorney's office to recuse themselves from a capital case.
"It surprised us that he took that tack at this point," Conder said. "He
wants to say, 'I made allegations and, therefore, they are true and the DA's
office must be recused.' There is no merit whatsoever."
The crime
The plot to kill the Wamsleys began in fall 2003. Their son, Andrew Wamsley,
Richardson, who was his girlfriend, and friend Susana Toledano wanted the
couple dead so Andrew Wamsley could inherit his parents' $1.65 million
estate.
On Dec. 11, 2003, the trio went to the Wamsleys' house in Mansfield, where
Rick Wamsley was shot in the head and back and stabbed 21 times. Suzanna
Wamsley died of a gunshot wound to the head and was stabbed 18 times after
she died.
The punishment
Andrew Wamsley, Richardson and Toledano were eventually arrested and charged
with capital murder.
In exchange for testifying against Wamsley and Richardson, Toledano -- who
did most of the shooting and stabbing -- received a life sentence and
avoided the death penalty.
Wamsley and Richardson each turned down prosecutors' plea offers for a life
sentence, opting to go to trial.
Wamsley received a life sentence. Richardson, portrayed as the mastermind,
got the death penalty.
After Richardson's trial, attorney Bob Ford was appointed to handle
Richardson's post-conviction writ. What he uncovered, he said, shocked him.
The writ
Ford alleges in his writ that Assistant District Attorney Mike Parrish
committed prosecutorial misconduct; that Young, the judge, was partial to
the state; and that Richardson's attorneys were ineffective.
The prosecutor: Ford says that Parrish received a call in February 2004 from
Mansfield police Detective Ralph Standefer. Standefer reported that Diana
Markle -- a legal assistant to attorney Mike Maloney -- contacted him with
information about the case. At the time, Maloney was representing Wamsley.
The writ states that Parrish told Standefer to give Markle limited
information about the investigation. Markle, in turn, told Standefer details
she had learned from Wamsley and Richardson.
At one point in their recorded conversations, Markle acknowledged that
Maloney, her boss, knew what she was doing.
On March 15, 2004, Parrish learned from Richardson during a grand jury
hearing that she had also hired Maloney. Ford alleges in the writ that
Parrish never told the judge or grand jury foreman that he had been
indirectly receiving information about Richardson from Maloney's legal
assistant -- a clear violation of attorney-client privilege, Ford said.
"I never, ever thought I would see a prosecutor go into the grand jury and
do what Mike Parrish did and not stop the grand jury proceedings, " Ford
said. "It is unimaginable. "
Ford also says that Parrish did not turn over to defense attorneys the
results of a psychological examination of Toledano by Dr. Randy Price -- a
violation, Ford says, because prosecutors are required to turn over
pertinent evidence to the defense.
Parrish declined to comment, referring questions to Conder and Mallin, who
reiterated that the claims are unfounded and stated that there isn't a
written psychological report by Price.
"As far I know, there isn't a written report to withhold," Mallin said.
The judge: Ford said that he tried to subpoena Price's psychological report
but that Young denied the subpoena while Ford was on vacation. Ford claims
that both sides should have been present when Young quashed the subpoena,
and he filed a motion to have Young recused.
Young declined to comment, but stated in a court document that he does not
"agree with Mr. Ford's evaluation and assessment of my conduct ..." He
voluntarily recused himself last month, saying he "should not be in a
position to have to judge my own actions."
The attorneys: Ford says Richardson's attorneys were ineffective, beginning
with Maloney, who he said should not have been assisting Parrish. Maloney
did not return calls seeking comment. Ford also maintains that trial
attorneys J. Warren St. John and Terry Barlow should have had Richardson
evaluated by a mental health professional to convince the jury that there
were mitigating factors that would have warranted a life sentence.
St. John said this week that it is common for criminal defense attorneys to
be attacked in post-conviction writs, but that they did everything to try to
save Richardson's life. "We're always the target. But I've never been found
ineffective, ever, in all the capital murder cases I've done," St. John
said.
The fallout
After Young recused himself, Steven Herod, a district judge in Eastland
County, was appointed to the case. Ford has asked Herod to have a hearing to
decide whether the district attorney's office should be recused.
Ford said he isn't concerned that he has angered some people.
"When you are doing a death penalty writ, if you cannot decide whether you
are going to be 100 percent committed to your client, then you should never
ever take one of these cases," he said.
Conder, meanwhile, cautions against passing judgment until all the facts
come out.
"He is assuming the substance [of the writ] is true, when he has not proven
it is true," Conder said. "Ford wants what he has written to be taken as the
gospel truth."
---
Source : Fort Worth Star-Telegram
www.star- telegram. com/crime_ courts/story/ 207612.html
__._,_.___
Attorney: Woman's trial was unlawful
By MELODY McDONALD, Fort Worth Star-Telegram
FORT WORTH -- In May 2005, convicted killer Chelsea Richardson became the
first woman in Tarrant County to be sentenced to death.
But now, her appellate attorney, Bob Ford, is fighting to get her off Death
Row.
Ford has filed a writ of habeas corpus -- a document alleging Richardson is
being held unlawfully -- arguing that Richardson was illegally convicted
because of a dishonest prosecutor, ineffective defense attorneys and a
biased judge. He cites nine reasons why Richardson, 23, should get a new
trial or have her death sentence changed to life in prison for the 2003
killings of Rick and Suzanna Wamsley in Mansfield.
"Death penalty work is peculiar because if you decide to do it, you have to
decide there is only one person that counts and that is your client," Ford
said. "I have a reputation for attacking attorneys, and, if need be, I'll
attack a judge and prosecutor to save my client's life."
Ford recently filed motions asking the Tarrant Count district attorney's
office and Judge Everett Young to recuse themselves from the case. Young
voluntarily stepped aside. The district attorney's office refused and wants
Ford sanctioned, saying he has made false allegations.
Assistant district attorneys Chuck Mallin and Steve Conder, of the appellate
division, said Ford is jumping the gun. They have six months to investigate
and file a response, but they don't believe that any of his claims have
merit.
Conder said that it is unprecedented for an attorney to ask the judge and
the district attorney's office to recuse themselves from a capital case.
"It surprised us that he took that tack at this point," Conder said. "He
wants to say, 'I made allegations and, therefore, they are true and the DA's
office must be recused.' There is no merit whatsoever."
The crime
The plot to kill the Wamsleys began in fall 2003. Their son, Andrew Wamsley,
Richardson, who was his girlfriend, and friend Susana Toledano wanted the
couple dead so Andrew Wamsley could inherit his parents' $1.65 million
estate.
On Dec. 11, 2003, the trio went to the Wamsleys' house in Mansfield, where
Rick Wamsley was shot in the head and back and stabbed 21 times. Suzanna
Wamsley died of a gunshot wound to the head and was stabbed 18 times after
she died.
The punishment
Andrew Wamsley, Richardson and Toledano were eventually arrested and charged
with capital murder.
In exchange for testifying against Wamsley and Richardson, Toledano -- who
did most of the shooting and stabbing -- received a life sentence and
avoided the death penalty.
Wamsley and Richardson each turned down prosecutors' plea offers for a life
sentence, opting to go to trial.
Wamsley received a life sentence. Richardson, portrayed as the mastermind,
got the death penalty.
After Richardson's trial, attorney Bob Ford was appointed to handle
Richardson's post-conviction writ. What he uncovered, he said, shocked him.
The writ
Ford alleges in his writ that Assistant District Attorney Mike Parrish
committed prosecutorial misconduct; that Young, the judge, was partial to
the state; and that Richardson's attorneys were ineffective.
The prosecutor: Ford says that Parrish received a call in February 2004 from
Mansfield police Detective Ralph Standefer. Standefer reported that Diana
Markle -- a legal assistant to attorney Mike Maloney -- contacted him with
information about the case. At the time, Maloney was representing Wamsley.
The writ states that Parrish told Standefer to give Markle limited
information about the investigation. Markle, in turn, told Standefer details
she had learned from Wamsley and Richardson.
At one point in their recorded conversations, Markle acknowledged that
Maloney, her boss, knew what she was doing.
On March 15, 2004, Parrish learned from Richardson during a grand jury
hearing that she had also hired Maloney. Ford alleges in the writ that
Parrish never told the judge or grand jury foreman that he had been
indirectly receiving information about Richardson from Maloney's legal
assistant -- a clear violation of attorney-client privilege, Ford said.
"I never, ever thought I would see a prosecutor go into the grand jury and
do what Mike Parrish did and not stop the grand jury proceedings, " Ford
said. "It is unimaginable. "
Ford also says that Parrish did not turn over to defense attorneys the
results of a psychological examination of Toledano by Dr. Randy Price -- a
violation, Ford says, because prosecutors are required to turn over
pertinent evidence to the defense.
Parrish declined to comment, referring questions to Conder and Mallin, who
reiterated that the claims are unfounded and stated that there isn't a
written psychological report by Price.
"As far I know, there isn't a written report to withhold," Mallin said.
The judge: Ford said that he tried to subpoena Price's psychological report
but that Young denied the subpoena while Ford was on vacation. Ford claims
that both sides should have been present when Young quashed the subpoena,
and he filed a motion to have Young recused.
Young declined to comment, but stated in a court document that he does not
"agree with Mr. Ford's evaluation and assessment of my conduct ..." He
voluntarily recused himself last month, saying he "should not be in a
position to have to judge my own actions."
The attorneys: Ford says Richardson's attorneys were ineffective, beginning
with Maloney, who he said should not have been assisting Parrish. Maloney
did not return calls seeking comment. Ford also maintains that trial
attorneys J. Warren St. John and Terry Barlow should have had Richardson
evaluated by a mental health professional to convince the jury that there
were mitigating factors that would have warranted a life sentence.
St. John said this week that it is common for criminal defense attorneys to
be attacked in post-conviction writs, but that they did everything to try to
save Richardson's life. "We're always the target. But I've never been found
ineffective, ever, in all the capital murder cases I've done," St. John
said.
The fallout
After Young recused himself, Steven Herod, a district judge in Eastland
County, was appointed to the case. Ford has asked Herod to have a hearing to
decide whether the district attorney's office should be recused.
Ford said he isn't concerned that he has angered some people.
"When you are doing a death penalty writ, if you cannot decide whether you
are going to be 100 percent committed to your client, then you should never
ever take one of these cases," he said.
Conder, meanwhile, cautions against passing judgment until all the facts
come out.
"He is assuming the substance [of the writ] is true, when he has not proven
it is true," Conder said. "Ford wants what he has written to be taken as the
gospel truth."
---
Source : Fort Worth Star-Telegram
www.star- telegram. com/crime_ courts/story/ 207612.html
__._,_.___