softheart
01-08-2005, 10:49 PM
Jan. 7, 2005
By MICHAEL GRACZYK, Associated Press
A Texas death row inmate has won a federal appeals court order blocking
his execution scheduled for this month.
Lawyers for convicted killer Jose Briseno argued he is mentally retarded
and that a jury hasn't been allowed to make that determination. The U.S.
Supreme Court has barred execution of mentally retarded people.
The New Orleans-based 5th U.S. Circuit Court of Appeals returned the case
to the lower courts for additional review. The ruling Thursday keeps
Briseno from receiving lethal injection that had been set for Jan. 20.
Briseno, 47, was sentenced to die for the 1991 robbery and murder of
Dimmitt County Sheriff Ben Murray. He was on parole for forgery when he
was convicted of capital murder for the slaying of Murray, who had been
sheriff of the far Southwest Texas county for almost 20 years.
Murray, 68, had arrested Briseno in the past. A few weeks before his
death, Murray had sought the parolee's help in a burglary investigation.
The sheriff's body was found at his Carizzo Springs home. He had been shot
with his own gun, and a butcher knife was buried in his chest. Two of his
pistols and about $500 were missing.
Blood samples taken from the carpet at the sheriff's house matched
Briseno's blood, and the sheriff's blood was found on Briseno's clothing.
After his arrest, Briseno and two other inmates broke out of the Zavala
County Jail in Crystal City and remained at large for a couple of days.
At the time of the killing, Briseno had been on parole almost a year after
serving about 6 1/2 years of a 15-year sentence for forgery. He had a pair
of earlier convictions for burglary plus a parole violation that had
returned him to prison.
In 2002 he won a reprieve less than four hours before he could have been
put to death.
His latest reprieve leaves at least seven Texas inmates with execution
dates, including two others this month.
On Tuesday, James Porter became the first Texas prisoner executed this
year when he voluntarily went to his death for fatally beating a fellow
inmate. Twenty-three convicted killers were executed last year.
----
Source : Associated Press
By MICHAEL GRACZYK, Associated Press
A Texas death row inmate has won a federal appeals court order blocking
his execution scheduled for this month.
Lawyers for convicted killer Jose Briseno argued he is mentally retarded
and that a jury hasn't been allowed to make that determination. The U.S.
Supreme Court has barred execution of mentally retarded people.
The New Orleans-based 5th U.S. Circuit Court of Appeals returned the case
to the lower courts for additional review. The ruling Thursday keeps
Briseno from receiving lethal injection that had been set for Jan. 20.
Briseno, 47, was sentenced to die for the 1991 robbery and murder of
Dimmitt County Sheriff Ben Murray. He was on parole for forgery when he
was convicted of capital murder for the slaying of Murray, who had been
sheriff of the far Southwest Texas county for almost 20 years.
Murray, 68, had arrested Briseno in the past. A few weeks before his
death, Murray had sought the parolee's help in a burglary investigation.
The sheriff's body was found at his Carizzo Springs home. He had been shot
with his own gun, and a butcher knife was buried in his chest. Two of his
pistols and about $500 were missing.
Blood samples taken from the carpet at the sheriff's house matched
Briseno's blood, and the sheriff's blood was found on Briseno's clothing.
After his arrest, Briseno and two other inmates broke out of the Zavala
County Jail in Crystal City and remained at large for a couple of days.
At the time of the killing, Briseno had been on parole almost a year after
serving about 6 1/2 years of a 15-year sentence for forgery. He had a pair
of earlier convictions for burglary plus a parole violation that had
returned him to prison.
In 2002 he won a reprieve less than four hours before he could have been
put to death.
His latest reprieve leaves at least seven Texas inmates with execution
dates, including two others this month.
On Tuesday, James Porter became the first Texas prisoner executed this
year when he voluntarily went to his death for fatally beating a fellow
inmate. Twenty-three convicted killers were executed last year.
----
Source : Associated Press