[Deathpenalty] death penalty news----TEXAS

[Rick Halperin]

April 7





TEXAS----stay of impending execution

Texas court halts execution of man amid claims of false evidence



The Texas Court of Criminal Appeals has halted the execution of Paul Storey, 
which was set for Wednesday.

In a three-page order Friday afternoon, the court sent the case back to the 
Tarrant County trial court to review claims regarding the prosecution 
presenting false evidence at Storey’s trial.

In 2008, Storey, 32, was sentenced to death for the 2006 murder of Jonas Cherry 
during a robbery of a miniature golf course where Cherry worked in Hurst, near 
Fort Worth. At the trial, the prosecution said that Cherry’s parents wanted the 
death penalty.

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“It should go without saying that all of Jonas [Cherry’s] family and everyone 
who loved him believe the death penalty was appropriate,” the prosecution said 
during the penalty phase of the trial, according to Storey’s appeal.

Storey and Cherry’s parents, Glenn and Judith, say that’s not true. The Cherrys 
wrote to Gov. Greg Abbott and the Board of Pardons and Paroles in February, 
asking for a life sentence for Storey. The Cherrys said they never wanted the 
death penalty and made that clear to the prosecution, according to Storey’s 
appeal.

“As a result of Jonas’ death, we do not want to see another family having to 
suffer through losing a child and family member ... due to our ethical and 
spiritual values we are opposed to the death penalty,” the Cherrys said in 
their statement.

Sven Berger, a juror in Storey’s trial who recently asked Texas legislators to 
change jury instructions in capital cases, also wrote an affidavit for Storey’s 
recent appeal. In his affidavit, Berger said had he known the Cherrys didn’t 
want death, he would have “held out for a [sentence of] life without the 
possibility of parole for as long as it took.”

Now, the trial court has been ordered to determine whether the fact that the 
Cherrys opposed the death penalty could have been discovered by appellate 
attorneys earlier. Generally in death penalty cases, if evidence could have 
been raised at an earlier appeal and wasn’t, it is not allowed to be used in 
future appeals. This evidence was brought forth to the courts less than two 
weeks before his execution.

The appeal claims the evidence of the Cherrys’ disapproval of the sentence was 
learned only in the past 90 days. But the Court of Criminal Appeals said it’s 
not yet clear whether his previous state appellate attorney could have learned 
about the Cherrys’ beliefs.

“The trial court is ordered to make findings of fact and conclusions of law 
regarding whether the factual basis of these claims was ascertainable through 
the exercise of reasonable diligence on or before the date the initial 
application was filed,” the order states. “If the court determines that the 
factual basis of the claims was not ascertainable through the exercise of 
reasonable diligence on or before the date the initial application was filed, 
then it will proceed to review the merits of the claims.”

Storey’s appeal said the evidence of false claims warrants him a new punishment 
hearing, where he either could be sentenced to death again or receive a life 
sentence without the possibility of parole.

(source: Texas Tribune)

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Executions under Greg Abbott, Jan. 21, 2015-present----24

Executions in Texas:  Dec. 7, 1982----present-----542

Abbott#--------scheduled execution date-----name------------Tx. #





25---------May 16-------------------Tilon Carter----------543

26---------May 24-------------------Juan Castillo----------544

27---------June 28------------------Steven Long-----------545

28---------July 19-----------------Kosoul Chanthakoummane---546

29---------July 27-----------------Taichin Preyor---------547

(sources: TDCJ & Rick Halperin)