It is concerning that Judge Keller says she would do nothing different if the same situation arose. She is the same judge who years ago drafted an opinion regarding a man wrongfully convicted of rape. DNA evidence exonerated the man after spending many years in prison. When the appeal came through the CCA, she wrote the opinion saying that just because his DNA did not match the semen found on the victim, he could still have performed the rape. She claimed that the man could have used a condom. Such an opinion is so far from the reality that I know.
Judge Keller worked for the Harris County DA office for many years. Most of her time was spent in the appellate section. Lawyers who do primarily appellate work are often just not exposed to the realities of witnesses who forget, prevaricate or simply make mistakes. Appellate lawyers work with a cold record. I spent 25 years in the Army Reserve and National Guard. I was a combat arms officer. It always seemed to me that combat arms soldiers had different views than some combat support soldiers. Our exposure to different realities colored our views. It is similar to clerics who spend little time as a pastor. Such clerics often do not make the best bishops. You need a certain background to understand the complexities of the human condition.
Yes, a judge’s background does make a difference.