Storey was in 2008 for the murder of Jonas Cherry, a manager at a mini golf course in Hurst.
During the trial, Tarrant County prosecutors Christy Jack and Robert Foran told the jury that Cherry鈥檚 family wanted the death penalty, but eight years later, Storey鈥檚 attorneys found out that wasn鈥檛 true, according to court documents.
Cherry鈥檚 parents said they never wanted the death penalty and have .
In a motion filed with the Texas Court of Criminal Appeals on August 17, Tarrant County District Attorney Sharen Wilson accused Jack and Foran of lying, perjury and hiding evidence that could have helped Storey鈥檚 case.
鈥淯nder these most extraordinary circumstances, Storey should, at the very least, be granted a new punishment trial,鈥� Wilson wrote in the motion. 鈥淛ustice demands it.鈥�
Wilson's motion could open up a new avenue to get Storey off death row, said , one of Storey's lawyers.
"It's not just me saying it, as Paul Storey's attorney. It's the elected district attorney of Tarrant County saying it," he said. "She's not even a quote-unquote 'progressive prosecutor' from one of the more liberal counties. She's anything but that."
Ware applauded Wilson for the motion.
"Even she has recognized the profound unfairness here," he said.
The state Court of Criminal Appeals has decided against Storey before. In 2019, the court decided to maintain his death sentence, despite a trial judge鈥檚 earlier recommendation that his sentence be reduced to life in prison without parole, . In 2022, the U.S. Supreme Court , but Justice Sonia Sotomayor wrote a strong statement in support of Storey.
四虎影院 has reached out to Wilson for comment.
Got a tip? Email Miranda Suarez at msuarez@kera.org. You can follow Miranda on Twitter @MirandaRSuarez.
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