The execution of Texas death row inmate John Henry Ramirez may once again be halted.
Last September, the U.S. Supreme Court the 37-year-old鈥檚 execution to consider his claim that Texas was violating his religious rights by refusing to let his pastor pray over and touch him while he received a lethal injection. The only allows a spiritual advisor inside the death chamber if they don鈥檛 speak or touch the inmate.
However, in March, the nation鈥檚 high court sided with Ramirez. In their, the justices ruled Texas likely violated Ramirez's rights when it denied his request. While TDCJ does not plan to change its overall policy, a spokesperson for the agency said requests for spiritual advisors to pray or touch the inmate will now be reviewed on a case-by-case basis.
Less than a month after the Supreme Court鈥檚 decision, a South Texas judge rescheduled Ramirez鈥檚 execution for Oct. 5. But now, the has filed a motion to withdraw the rescheduled execution date for Ramirez, even though his office had initially requested it last week.
In the motion filed Thursday, DA Mark Gonzalez said a prosecutor in his office had requested the new date without his knowledge.
鈥淭he Assistant District Attorney who most recently moved for an execution date in this cause was not aware of my desire in this matter and did not consult me prior to moving for an execution date,鈥 Gonzalez said in the motion.
Earlier this year, Gonzalez was among three district attorneys in Texas to sign onto a to call for 鈥渢he elimination of the death penalty.鈥
鈥淪o, [Gonzalez鈥檚] actions [to withdraw the order] are consistent with the position he has publicly taken,鈥 said Kristin Houl茅 Cuellar, the executive director of the.
Houl茅 Cuellar told the Texas Newsroom that she was 鈥渧ery heartened鈥 by Gonzalez鈥檚 motion.
鈥淚n his motion to withdraw the order, he states that it is his 鈥榝irm belief that the death penalty is unethical and should not be imposed on Mr. Ramirez or any other person鈥 while he occupies this office,鈥 she read, quoting the motion. 鈥淎nd I am very pleased with that.鈥
Houl茅 Cuellar said if the court does not approve Gonzalez鈥檚 motion, the October date would be the fourth execution date that has been set for Ramirez since 2017.
鈥淚 have every confidence, though, that this date will be withdrawn,鈥 she added. 鈥淚n my experience, when a prosecutor asks for a date to be withdrawn, it is granted.鈥
Ramirez was sentenced to die for the 2004 murder of Pablo Castro, who was a store clerk in Corpus Christi.