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...this pass because of a four-word sentence she uttered on Sept. 25, 2007: "We close at 5." According to a newspaper interview with Keller in October 2007 and pretrial testimony last year, she said those words to Ed Marty, general counsel for the Texas Court of Criminal Appeals (CCA). As the court's logistics officer, Marty had called the judge at the behest of lawyers for Michael Richard, 49, who had been on death row for two decades and whose execution was scheduled for that evening. The lawyers were allegedly having computer trouble and problems getting last-minute paperwork...

Author: /time Magazine | Title: A Texas Judge on Trial: Closed to a Death-Row Appeal? | 8/13/2009 | See Source »

According to Jones, Puryear was most concerned about what CCA described as "zero tolerance" events, or ZT's - including unnatural deaths, major disturbances, escapes and sexual assaults. According to Jones, bonuses and job security at the company were tied to reporting low ZT numbers. Low numbers also pleased CCA's government clients, as well as the company's board, which received a regular tally, and Wall Street analysts concerned about potentially costly lawsuits that CCA might face...

Author: /time Magazine | Title: Scrutiny for a Bush Judicial Nominee | 3/13/2008 | See Source »

...example, Jones says CCA had to lock down a prison in Texas to control rioting by as many as 60 inmates. Despite clear internal guidelines defining the incident as a ZT, Jones says he was ordered not to label it that way. Instead it was logged as, "Altered facility schedule due to inmate action". And this was not unusual, says Jones: "Information was misrepresented in a very disturbing way concerning the company's most important performance indicators, which included escapes, suicides, violent outbreaks and sexual assaults...

Author: /time Magazine | Title: Scrutiny for a Bush Judicial Nominee | 3/13/2008 | See Source »

Companies often try to show their best face to customers, and safeguard internal records with "attorney-client privilege." But according to Stephen Gillers, a leading expert on legal ethics at New York University, CCA's use of that privilege seems like "a wholesale, possibly overreaching claim," similiar to the blanket assertions of major tobacco companies that tried to keep damaging internal documents from public view. Those assertions of privilege have been rejected by federal judges as an attempt to improperly conceal their internal data on the dangers of smoking from customers, the courts and legal adversaries. CCA could also...

Author: /time Magazine | Title: Scrutiny for a Bush Judicial Nominee | 3/13/2008 | See Source »

Contacted by TIME, CCA says that Puryear, "has served the company well and honorably as general counsel and will be an outstanding judge." The company denies allegations that it keeps two sets of books, saying: "A final audit report is made available to our customers. Appropriate information gathered in the audits is separately provided to our legal department." The company adds that "CCA has produced all relevant, non-privileged documents in litigation," that its board is regularly apprised of the most serious prison incidents, and that "all appropriate" information is given to the financial community...

Author: /time Magazine | Title: Scrutiny for a Bush Judicial Nominee | 3/13/2008 | See Source »

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