A US appeals court docket has stayed this week’s execution of a loss of life row inmate who had raised questions on whether or not prosecutors had introduced false and inaccurate testimony from an knowledgeable on whether or not he would commit extra crimes sooner or later.
Ramiro Gonzales, 39, had been set to obtain a deadly injection for fatally capturing Bridget Townsend.
Gonzales kidnapped Townsend, who was the girlfriend of his drug vendor, from a Bandera County, Texas, residence in January 2001 after stealing medicine and cash.
He later took her to his household’s ranch in neighbouring Medina County, the place he sexually assaulted the 18-year-old earlier than killing her.
Her stays weren’t discovered till practically two years later.
Gonzales’ attorneys had requested the Texas Court docket of Felony Appeals to remain his execution, arguing prosecutors introduced false testimony that wrongly claimed he can be a future hazard, a authorized discovering wanted to impose a loss of life sentence.
His attorneys had argued that a prosecution knowledgeable, psychiatrist Edward Gripon, had falsely testified that individuals who commit sexual assault “have an especially excessive fee of … recidivism,” as excessive as 80 per cent.
Gonzales’ attorneys argued subsequent opinions by specialists and reporters discovered that no dependable statistical examine had ever supported such a excessive recidivism fee.
In its three-page order on Monday, the Texas Court docket of Felony Appeals mentioned Gonzales’ attorneys had made ample declare “displaying that testimony of recidivism charges Gripon gave at trial had been false and ... that false testimony may have affected the jury’s reply to the longer term dangerousness query at punishment”.
The appeals court docket ordered Gonzales’ case to be despatched to his trial court docket for additional overview.
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It was not instantly recognized if the Texas Legal professional Normal’s Workplace would enchantment the execution keep.
An company spokesman didn’t instantly reply to an e mail looking for remark.
After re-evaluating Gonzales earlier this yr, Gripon says his prediction the inmate can be a future hazard was improper, including Gonzales has taken duty for what he did and has expressed regret.
The appeals court docket’s order happened a few hours after the Texas Board of Pardons and Paroles denied a request by Gonzales’ attorneys to commute his loss of life sentence to a lesser penalty or delay his execution for 180 days so he may donate a kidney to somebody who may have it.
Gonzales had additionally requested Republican Governor Greg Abbott to delay his execution, for 30 days, so he may donate a kidney.
Gonzales’ attorneys say the kidney donation is a part of his effort to atone for his crimes.
“I'm sorry, deeply sorry, that I took what was so valuable to you and I do know there’s nothing I can do or say to make it higher," Gonzales wrote in a letter to Townsend’s household.
"I've completely no excuse for what I've executed and there’s completely nobody responsible however me.”
If his execution had proceeded, Gonzales had requested that his religious adviser be allowed within the loss of life chamber so she will be able to pray aloud, maintain his hand and place her different hand on his chest.
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Texas jail officers objected to the hand holding request, citing safety issues, however a federal decide in Houston mentioned in a brief order the execution may solely go ahead if all of Gonzales’ spiritual lodging had been granted.
Prosecutors described Gonzales as a sexual predator who instructed police he ignored her pleas to spare her life.
Townsend’s physique wasn’t discovered till October 2002, when Gonzales led authorities to her stays after receiving two life sentences for kidnapping and raping one other girl.