Paul David Storey will remain on death row, Texas鈥� highest criminal court decided Wednesday, two years after the then-Tarrant County district attorney accused two of her office鈥檚 former prosecutors of lying during Storey's trial.
The Texas Court of Criminal Appeals former Tarrant County DA Sharen Wilson鈥檚 request for a new punishment hearing for Storey, who was convicted of capital murder in 2008.
The victim's parents made it known before sentencing they did not want the death penalty, but prosecutors told jurors they did, Wilson argued, siding with Storey鈥檚 defense team.
Storey鈥檚 lawyers are now exploring other legal avenues to help their client, his court-appointed attorney, Mike Ware, told 四虎影院.
"Everybody agrees this is a travesty of justice. The state agrees this is a travesty of justice, and they've joined in,鈥� Ware said.
The court denied Wilson鈥檚 request 鈥渨ithout even blessing us with their reasoning," Ware said. It published the denial with no written order explaining why.
Of the court鈥檚 nine justices, Judges Kevin Yeary, Michelle Slaughter and Scott Walker dissented. Judge Jesse F. McClure did not participate.
"Last night we get notified that all of this had been denied,鈥� Ware said. 鈥淣o hint as to why. No effort to explain themselves. No effort to hold these prosecutors accountable, which is a nationwide problem.鈥�
Storey has been on death row for almost 16 years. Storey and another person, , were convicted of capital murder in 2008 for killing mini golf course manager during a robbery.
Porter pleaded guilty and got life in prison. Storey went to trial, and a jury gave him the death penalty.
Then-prosecutor Christy Jack told the jury before they decided Storey's sentence, 鈥淚t should go without saying that all of Jonas鈥檚 family and everyone who loved him believe the death penalty is appropriate."
That wasn't true, according to Cherry's parents, who say they never wanted the death penalty and have fought to get Storey off death row. A juror in the case said he never would have agreed to a death sentence if he knew how Cherry鈥檚 parents felt.
Storey鈥檚 attorneys learned about the Cherrys鈥� stance on the death penalty after Glenn Cherry went to his car salesman, Cory Session, to talk about it.
Session was not only a car salesman. He also worked with , advocating for criminal justice reform in honor of his brother , who was wrongfully convicted for rape in 1986 and posthumously exonerated in 2009.
Glenn Cherry told Session he and his wife never wanted the death penalty, Session said in an interview with 四虎影院 in 2022.
鈥淢y first thing I said was, well, did you tell this to the prosecution back then?鈥� Session remembered. 鈥淗e said, 鈥榊eah, we did.鈥欌��
That information kicked off a new flurry of attempts to save Storey鈥檚 life.
In 2017, the Cherrys wrote to Gov. Greg Abbott and the Board of Pardons and Paroles, asking for a life sentence for Storey instead, .
days before he was scheduled to die. The next year, a Tarrant County judge to life without parole, but .
In 2022, the U.S. Supreme Court declined to hear Storey鈥檚 case, although wrote a statement in support of Storey.
鈥淧rosecutors not only failed to disclose Cherry鈥檚 parents鈥� unwavering desire that Storey not be sentenced to death, but also misled the jury in summation to successfully secure a death sentence,鈥� Sotomayor wrote.
A few months later, Wilson that was denied Wednesday.
鈥淯nder these most extraordinary circumstances, Storey should, at the very least, be granted a new punishment trial,鈥� Wilson wrote. 鈥淛ustice demands it.鈥�
Jack and Foran have denied any wrongdoing in the Storey case.
鈥淭he Texas Court of Criminal Appeals, the Fifth Circuit Court of Appeals, and the U.S. Supreme Court have all upheld the jury's death sentence,鈥� Jack wrote in a statement to 四虎影院 in 2022. 鈥淓ven after the highest court in the country put this matter to rest, the Tarrant County District Attorney reinserted herself."
四虎影院 reached out to the Tarrant County District Attorney鈥檚 Office to request an interview about the Court of Criminal Appeals decision.
The DA鈥檚 office responded with a statement recounting the facts of the case.
"Storey鈥檚 conviction and death sentence remain intact,鈥� the statement reads in part.
四虎影院 responded with another request for information about what the DA can do next.
Wilson is no longer Tarrant County DA. She filed her motion on Storey鈥檚 behalf during her last months in office. The current DA is Phil Sorrells.
Got a tip? Email Miranda Suarez at msuarez@kera.org. You can follow Miranda on Twitter @MirandaRSuarez.
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