Texas Court Stays Execution of Paul Storey Based on False Argument About Wishes of Victim's Family
The Texas Court of Criminal Appeals has issued an order staying the scheduled April 12 execution of Paul Storey. The unpublished April 7 order sends Storey's case back to the trial court to consider whether the prosecution knowingly presented false evidence about the victim's family's views on the death penalty. Storey had been scheduled to be executed on April 12. His lawyers argued that "the State denied him his right to due process because it argued "evidence it knew to be false" when prosecutors told jurors that the family of victim Jonas Cherry supported a death sentence for Storey. During the penalty phase of Storey's trial, the prosecution argued that "[i]t should go without saying that all of Jonas [Cherry’s] family and everyone who loved him believe the death penalty was appropriate." However, Cherry's parents (pictured) say they always opposed the death penalty and had made their beliefs known to the prosecution at the time of Storey's trial. They recently released a video and statement in support of clemency, saying "Paul Storey’s execution will not bring our son back, will not atone for the loss of our son and will not bring comfort or closure." Storey presented his claim as part of a second state post-conviction challenge to his death penalty. He faces the procedural hurdle of establishing that the evidence supporting this claim could not have been discovered "with the exercise of reasonable diligence" at the time he filed his initial post-conviction petition. The stay continues a recent pattern of decisions by the Texas court permitting judicial review of claims that death sentences had been procured as a result of false or unreliable prosecutorial evidence or argument. In August 2015, the Court stayed Nicaraguan national Bernardo Tercero's execution based on allegations that he had been "denied due process because the State presented false testimony at his trial." In May 2016, the court stayed the execution of Charles Flores to permit him to challenge the use of scientifically unreliable hypnotically refreshed testimony. One month later, it stayed the execution of Robert Roberson to permit him to challenge the State's use of "false, misleading, and scientifically invalid testimony” about Shaken Baby Syndrome. And in August 2016, the Court stayed the execution of Jeffery Wood to permit him to litigate a claim that prosecutors had presented false scientific evidence and false testimony from a discredited psychiatrist to persuade the jury that Wood would pose a future danger to society.
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Texas Murder Victims' Parents Seek Death Sentence Commutation for Paul Storey
Judy and Glenn Cherry (pictured), the parents of Jonas Cherry, have asked Texas state and local officials not to execute Paul Storey, the man convicted of killing their son. The state has scheduled Storey's execution for April 12. In a letter to Tarrant County District Attorney Sharen Wilson, Gov. Greg Abbott, state District Judge Robb Catalano, and the Texas Board of Pardons and Paroles, the Cherrys ask state officials to commute Storey's sentence to life without parole. They write, "Paul Storey’s execution will not bring our son back, will not atone for the loss of our son and will not bring comfort or closure." Storey's commutation efforts have also drawn support from one of the jurors in his case, Sven Berger, who has provided an affidavit for the defense. Berger says the jury was unaware of evidence of Storey's mental impairments at the time it rendered its verdict, and that, had that information been available, it would have affected his decision. He was also affected by learning that Tarrant County prosecutors had agreed to give Storey's co-defendant, Mike Porter, a plea deal for a life sentence. “It seemed clear to me that Porter was the leader,” Berger said. "It was infuriating to see Porter get life and Storey get death.” But most importantly, Berger said knowing the Cherrys' stance would have led him to vote differently because the prosecutor had misled jurors during the trial that the Cherrys wanted Storey to be sentenced to death. “If the family of the deceased did not want the perpetrator executed, that would have been important for me to know, and I believe it would have been important to the other jurors," Berger wrote. The Cherrys have also released a video explaining why they oppose Storey's execution and their desire to spare Storey's family the pain they felt at the loss of their son: "We have never been in favor of the death penalty. However, in the current situation before us, it pains us to think that, due to our son's death, another person will be purposefully put to death. Also motivating us, is that we do not want Paul Storey's family, especially his mother and grandmother, if she is still alive, to witness the purposeful execution of their son. They are innocent of his deeds." The Cherrys said they recently learned that Storey had been offered the same deal as Porter, but had turned it down.
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Bishops Ask Georgia Prosecutor to Respect Wishes of Murdered Priest, Drop Death Penalty
Prosecutors in Augusta, Georgia are seeking the death penalty against a man accused of murdering the Rev. Rene Robert (pictured), despite their knowledge that the Franciscan priest had requested that the death penalty not be used "under any circumstances" if he were killed. On January 31, Catholic Bishops from Georgia and Florida traveled to Augusta to meet with Hank Sims, the acting district attorney for the Augusta Judicial Circuit, asking him to respect Reverend Robert's wishes and to withdraw capital charges against Steven Murray. They also delivered a petition signed by more than 7,400 people from Rev. Robert's diocese in St. Augustine, Florida, asking that the Reverend's wishes be honored. In his work as a Catholic priest, Rev. Robert had devoted his life to serving people convicted of crimes and those struggling with addiction and mental health problems. He had worked with Murray through his ministry. Twenty years before he was killed, Rev. Robert signed a "Declaration of Life" that stated: "I hereby declare that should I die as a result of a violent crime, I request that the person or persons found guilty of homicide for my killing not be subject to or put in jeopardy of the death penalty under any circumstances, no matter how heinous their crime, or how much I have suffered." His declaration also requested that the Declaration of Life be admitted as evidence at trial if the prosecution sought the death penalty for his murder, and asked that the Governor “take whatever action is necessary” to prevent any person convicted of his murder from being executed. “During my life," he wrote, "I want to feel confident that under no circumstances whatsoever will my death result in the capital punishment of another human being.” At a press conference before the meeting, St. Augustine Diocese's Bishop Felipe Estevez expressed the bishops' opposition to capital punishment. "Imposing a death sentence as a consequence of killing wrongly perpetuates a cycle of violence in our community," he said. "The death penalty only contributes to an ever-growing disrespect for the sacredness of human life. … Societies remain safe when violent criminals are in prison for life without parole." The views of Rev. Robert and the bishops reflect the Catholic Church's longstanding opposition to the death penalty, which Pope Francis reiterated in an address to Congress in 2015.
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