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Thread: Kimberly Diane Cargill - Texas Death Row

  1. #21
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    Kimberly Cargill sentenced to death

    Just after 9:30 this evening, the jury has sentenced Kimberly Cargill to death. Kimberly Cargill was found guilty nearly two weeks ago for killing her mentally challenged babysitter Cherry Walker in 2010.

    An automatic appeal has been filed with the Court of Criminal Appeals. Cargill will be appointed an attorney qualified to work on Death Row penalty appeals. Cargill must stay in Smith County until the new lawyer is appointed.

    http://www.kltv.com/story/18666513/K...enced-to-death

  2. #22
    Administrator Heidi's Avatar
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    'I've never come across another defendant like Kimberly Cargill'

    An East Texas mother now awaits her execution date for capital murder.

    Thursday night, a jury recommended 45-year old Kimberly Cargill be sentenced to death by lethal injection. On May 18, Cargill was convicted of the 2010 murder of her mentally challenged babysitter, Cherry Walker. Prosecutors say Cargill dumped Walker's body and set it on fire because Walker was scheduled to testify in Cargill's child custody hearing.

    After two years of preparation, four weeks of jury selection and 18 days of trial, the attorneys for both sides were finally able to comment on the case and the verdict that is intended to cut Cargill's life short.

    Kimberly Cargill knows her fate. The verdict was something Cargill and her attorneys didn't want to hear, but said they wouldn't criticize either.

    "A lot of decisions she has made for the last two decades have been fueled by her personality disorder. We're not trying to excuse anything she's done for the last 20 years, just put it in context," said one of Cargill's defense attorneys, Brett Harrison. Kimberly Cargill was also represented by Jeff Haas.

    Throughout the trial, jurors heard Cargill's family testify to heartbreaking stories of abuse. Three of Cargill's four sons testified that Cargill would frequently choke, kick and hit them. They told jurors they often feared for their lives. Her sons testified that Cargill had the locks changed on their bedroom doors so she could lock them inside.

    Cargill's ex-husbands also took the stand. A couple of those ex's told the jury Cargill would have them wrongly arrested by making up stories of assault. One of Cargill's ex-husbands testified that, though she never admitted to it, Cargill set his apartment on fire.

    Cargill's sister testified that Cargill was clever and manipulative. She told jurors Cargill was, "the devil." But, when Cargill's sentence came down, Cargill's sister closed her eyes.

    Cargill's mother testified that Cargill sometimes lost her temper and liked things to be her way. Cargill's mother said she once heard that Cargill wanted to kill her. Though, despite their rocky relationship, Cargill's mother clearly still loved her daughter and wanted to see the best in her.

    "I've never come across another defendant like Kimberly Cargill," said Smith County District Attorney Matt Bingham. Bingham says for more than 15 years he has been prosecuting people who have done horrible things to others.

    "To have someone so narcissistic, someone that is so manipulative and cunning... she is the first and hopefully the last."

    It's a case prosecutors say will always be close to their hearts.

    "When the issues at hand are something that I have worked my whole life to try to stand up for, people who don't have a voice, then it's passionate. It's the best part of my job to speak for victims who can't speak for themselves and it has been a real honor, a real pleasure," said Smith County First Assistant District Attorney April Sikes.

    The Smith County District Attorney's Office says despite everything that has happened, they feel like they're making a difference.

    "She didn't get away with it. The victim and the family got as much justice as we can give them under the system. She's not going to get out and hurt any of her children again and Kimberly Cargill will hurt nobody else and that's what makes it all worth while," said Bingham.

    When Cargill's verdicts were read, she stood in the courtroom emotionless. For most of the trial, Cargill silently sat next to her attorneys. She cried at least twice; once when one of her sons was on the stand and again when the State showed jurors photos of the crime scene.

    Cargill did take the stand once, in the first phase of the trial, when the jury was deciding on her guilt. She testified that Walker died of a seizure, Cargill panicked, dumped her body and set it on fire to destroy evidence.

    Cargill wasn't able to destroy it all. Investigators found a coffee creamer at the crime scene that had a profile matching Cargill's DNA.

    Though a mechanism of death was never determined, the pathologist who conducted Walker's autopsy told the jury Walker died of homicidal violence. The pathologist said she thought she found evidence of asphyxiation, but couldn't be positive because Walker's body had already begun decomposing.

    After 241st District Court Judge Jack Skeen accepted the jury's verdicts, he formally sentenced Cargill to death.

    Walker's step-mother Rueon Walker took the stand and spoke to the courtroom, and then spoke to Cargill directly.

    She said, "Mrs. Cargill, this is what I want you to know. Cherry loved you. She did not deserve the terrible thing you did to her."

    Rueon also said she and Cherry's father, Gethry, did not hate Cargill, but did hate what she did.

    "We have to accept what God has allowed. He allowed this to happen for a reason and we accept that. We don't hate you because we're not made out of hate. We only have love and pity and compassion for you," Rueon said.

    Smith County District Attorney Matt Bingham says Cargill is one of two Smith County women convicted of capital murder in about the least 15 years. He says the other woman pled guilty, and he believes Cargill may be the only Smith County woman to receive the death penalty. Because Cargill received the death penalty, her case will automatically be submitted to the Texas Court of Criminal Appeals.

    http://www.kltv.com/story/18680902/i...ke-kim-cargill
    An uninformed opponent is a dangerous opponent.

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  3. #23
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    Kimberly Cargill appointed new attorney

    Attorney Doug Parks was appointed as the new attorney representing Kimberly Cargill Wednesday morning in the Texas Court of Criminal Appeals.

    Parks tells CBS 19 that he will comment about the case until he has familiarized himself with it.

    Both Cargill's former trial attorneys withdrew from the case.

    Cargill was sentenced to death for the murder of her mentally challenged babysitter Cherry Walker in 2010.

    Cargill will join the nine other women at the Mountain View Unit in Gatesville and will become the 10th female on death row and the first from Smith County.

    http://www.cbs19.tv/story/18718623/k...d-new-attorney
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  4. #24
    Administrator Heidi's Avatar
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    TDCJ Number 999572

    Date of Birth 11/30/1966

    Date Received 06/07/2012

    Date of Offense 06/2010

    Age (at the time of Offense) 43

    County Smith

    Race White

    Gender Female

    Hair Color Gray

    Height 5 ft 3 in

    Weight 145

    Eye Color Green
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  5. #25
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    Cargill appeals capital murder conviction, seeks to dodge death penalty with new evidence

    A convicted murderer from Whitehouse wants a second chance. At least one medical expert now backs up the story Kimberly Cargill has been telling for the last four years.

    Cargill famously admitted in 2012 to having burned the dead body of Cherry Walker. She has steadfastly maintained her innocence as far as actually killing Walker.

    Cargill has always said she burned the body because she was scared due to Walker having been subpoenaed to testify against her in a child custody case. She told jurors during her trial that she was worried the perceived motive would cause people to assume she had murdered Walker if she had simply gone to a hospital.

    An application for a Writ of Habeas Corpus filed by Cargill's attorneys seeks to vindicate Cargill's claims.

    "What was remarkable about Kim's case was that there was no cause of death identified by the medical examiner," attorney Derek VerHagen with the Office of Capital Writs said. "Yet she was still tried and convicted of capital murder."

    "I'm telling you the truth here today," Cargill told jurors in 2012. "She started to have a seizure."

    The writ is similar to an appeal. In this case it's focused on new evidence from a Epilepsy specialist--a Dr. Samden Lhatoo--who believes Cargill's story lines up exactly with a rare phenomenon called Sudden Unexpected Death Epilepsypsy (SUDEP).

    "Through vigorous cross-examination for over a couple of days, she stuck to her guns about what happened and we have a nationally renowned expert saying 'Yes, that is supportable,'" Brad Levenson with the Office of Capital Writs said.

    Levenson and attorney Derek VerHagen want Dr. Lhatoo to testify in the same court where the trial happened, in front of the same judge. The crux of their argument is that Cargill's original defense attorneys knew about Dr. Lhatoo from the beginning and should have put him on the stand back then.

    "They put their client, Ms. Cargill, on the stand and didn't support it with an expert who could have, in our opinion, convinced a jury, at least one juror, that Ms. Cargill was innocent," Levenson said.

    "It feels good to her to actually be, you know, believed by someone," VerHagen said. "And to have someone validate what she's always maintained to be the truth."

    Prosecutors argue that Smith County's 241st District Court isn't the appropriate place for such testimony at this point. They believe rulings from the state's top criminal court have already made it clear that new evidence belongs in an appeals court (as opposed to a trial court).

    The District Attorney's office filed a response with the court asking Judge Jack Skeen Junior to limit his fact-finding to affidavits filed by the original trial attorneys. And that's what the judge ordered.

    Smith County District Attorney Matt Bingham, who tried the case and continues to hold office, issued the following statement:

    "Kim Cargill was convicted by a Smith County jury of Capital Murder and sentenced to death based on the overwhelming evidence, including DNA evidence, as well as her own admissions regarding her dumping and setting the body of the mentally retarded victim on fire in order to destroy evidence.

    "Cargill has been afforded every right under the law to which she is entitled, during the trial of the case and the during the appellate process. Judge Skeen carefully followed the law, during not only the trial of the case, but also in his consideration of the 11.071 writ filed by the defense.

    "The facts at trial showed the extreme brutally and heinous nature of this crime and what Kim Cargill is capable of doing to another human being. At all times, during the trial of the case and now, the parties involved and the Court, want to insure that Cargill is afforded all the rights she is entitled to under the law in the prosecution of this case."

    "This is a very strong case."

    Levenson and VerHagen believe the new evidence goes hand in hand with any argument about ineffective trial attorneys, and they want it heard in court.

    "It would seem a no-brainer that the state would want to entertain thevidencence to make sure they got that convenience right and that an innocent person is not put to death by the state," Levenson said.

    Levenson and VerHagen said they plan to keep fighting to have the new evidence heard. If not, they've at least established their efforts as part of the case's record in case a higher court is more sympathetic.

    http://www.cbs19.tv/story/26851543/c...h-new-evidence
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  6. #26
    lightkeeper
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    Court upholds murder conviction of Smith County woman

    SMITH COUNTY, TX (KLTV) - A Smith County woman sentenced to death for the murder of a mentally-challenged babysitter has been denied an appeal by a court.

    Kimberly Cargill was convicted of killing Cherry Walker in 2012. An appellate court on Wednesday upheld a previous court's decision. An execution date has not been set.

    Prosecutors said during her trial that Cargill dumped Walker's body in May of 2010 and set it on fire because she was scheduled to testify in Cargill's June 23, 2010 child custody hearing. Five days before the hearing, Walker, 39, was served with a subpoena to testify. Upset by the prospect of having to testify, Walker contacted Cargill, who told her not to tell anyone about the subpoena, according to court documents.

    Cellphone records reflect that Cargill sent more than 70 text messages, emails and calls that day. She also contacted a neighbor who occasionally babysat one of her children, and after learning that the person has also been subpoenaed to testify, told the person to leave town or hide to avoid court.

    Throughout the trial, jurors heard Cargill's family testify to stories of abuse. Three of Cargill's four sons testified that she would frequently choke, kick and hit them. They told jurors they often feared for their lives. Her sons testified that Cargill had the locks changed on their bedroom doors so she could lock them inside.

    A medical examiner her who conducted the autopsy on Walker on June 20 concluded that the cause of death was homicidal. Bruising on her forehead indicated blunt force injury.

    http://www.kltv.com/story/27427384/c...h-county-woman

  7. #27
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    Conviction and sentence affirmed by the Texas Court of Criminal Appeals:

    http://www.search.txcourts.gov/Searc...5-80bc22a8259a

  8. #28
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    East Texas woman on death row loses state appeal

    The state's highest criminal court has denied an appeal from an East Texas woman on death row for the slaying of her developmentally disabled baby sitter more than four years ago.

    Kimberly Cargill of Whitehouse was condemned for the death of 39-year-old Cherry Walker. Evidence showed Cargill killed Walker in June 2010 to keep her from testifying against Cargill at a custody hearing involving Cargill's 4-year-old child.

    Walker's body was found on the side of a rural Smith County road. It had been doused with lighter fluid and set on fire.

    The Texas Court of Criminal Appeals on Wednesday rejected claims that Cargill's 2012 trial in Tyler was compromised by multiple errors.

    The 47-year-old Cargill is among seven women on Texas death row.

    She does not have an execution date.

    http://www.news4sanantonio.com/news/...al-17731.shtml
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  9. #29
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    ARTICLE 11.071 APPLICATION FOR WRIT OF HABEAS CORPUS DENIED WITH WRITTEN ORDER:

    http://www.search.txcourts.gov/Searc...1-5e6afaa0b970

  10. #30
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    Article

    Court rejects list of claims from Texas women’s death row inmate

    HOUSTON (AP) - Texas' highest criminal court Wednesday refused an appeal from an East Texas woman on death row in Gatesville for the slaying seven years ago of her developmentally disabled baby sitter.

    The Texas Court of Criminal Appeals on Wednesday rejected 15 claims raised by Kimberly Cargill, 50, who was convicted in Smith County in 2012 of causing the asphyxiation of Cherry Walker, 39.

    Cargill was accused of killing the victim to keep her from testifying in a Child Protective Services hearing regarding Cargill’s 4-year-old son.

    Most of the claims contended Cargill's trial lawyers were deficient for not presenting evidence that Walker died of an epilepsy-related seizure rather than as a result of homicidal violence.

    In a second case, the court upheld the conviction and death sentence of 25-year-old Harlem Lewis III for the Christmas Eve 2012 slayings of a Houston-area police officer, Jimmy Norman, and a bystander, Terry Taylor, who were gunned down during a traffic stop struggle.

    http://www.kwtx.com/content/news/Cou...420497924.html
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    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

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