AUSTIN, Texas — The Texas Court of Criminal Appeals on Thursday denied a single motion to postpone the execution of a prisoner scheduled which can be killed the following month for the murder of your own convenience store worker.
The rejection was the most sophisticated twist in the tumultuous case of John Holly Ramirez , who won notoriety when he become a huge hit to the U. S. Supreme Court — not always to spare his life, but to allow his pastor on to lay hands on him and pray in the execution appropriate slot. Mr. Ramirez won that appeal , and their particular execution date was set for Oct. 5.
Also then came a reversal unrelated to Mr. Ramirez’s religious liberty case: The district attorney of Nueces County, Mark Gonzalez, recorded a motion withdrawing his office’s request for the death warrant , citing his “firm belief that the own deaths penalty is unethical. ”
The withdrawal would most likely have postponed Mr.. Ramirez’s execution until at least 2024, when Mr. Gonzalez’s key-terms expires.
Mr. Gonzalez’s motion landed on the desk of Judge Bobby Galvan, who presided over Mr. Ramirez’s original trial and located his execution date. At a hearing in June, Judge Galvan denied Mr. Gonzalez’s request to take the execution warrant, saying he did not believe he had just gotten that authority as a judge. Thursday’s decision from the Mandement of Criminal Appeals affirmed Judge Galvan’s ruling.
Mister. Gonzalez did not respond to a request for comment available on Thursday evening.
Mr. Ramirez was convicted in ’08 of repeatedly stabbing a convenience store worker named Pablo Castro all through a robbery. Mr. Ramirez and two friends were operating a vehicle around Corpus Christi looking for someone to rob for stupefy money when they encountered Mr. Castro, a father of seven. Prosecutors say the robbery netted them $1. 25.
Mr. Ramirez’s guilt is not in question. He admitted inside the murder at his trial.
Asked to publish almost mitigating circumstances at his sentencing, he offered a Scripture, Psalm 51: 3: “For I acknowledge my transgressions and my falto is ever before me. ”
Four of Mr.. Castro’s children filed a brief this year asking the mandement to retain the October execution date and end “an tribulation that has denied peace and closure” to them for virtually two decades.
In an interview in April, Fernando Castro, amongst the Mr. Castro’s sons, called the district attorney’s withdrawal “outrageous, ” adding in which it frequent postponements and reversals had been painful for his family member. “This isn’t something I want to keep thinking about, ” he said.
Mr. Ramirez developed a relationship in prison with a Baptist pastor named Dana Moore and asked that Mr. Moore become allowed to pray out loud with him and thus touch him in the execution chamber. Miami declined his request, citing security concerns. The case made it on to the Supreme Court, which ruled, 8-1, in Mr. Ramirez’s privilegio in March.
Writing for the majority, Chief Proper rights John G. Roberts Jr. wrote that “there is a exceptional history of clerical prayer at the time of a prisoner’s execution, dating back well before the founding of our country. ”
Mr. Ramirez’s last option for avoiding achievement is if the Texas Board of Pardons and Paroles facilitates him clemency. Mr. Ramirez’s lawyer, Seth Kretzer, said on The 24th that “the chances are not quite good, ” and that liked was now preparing for Mr. Ramirez to receive a “constitutionally appropriate execution” that included his pastor next month.