Monday, April 10, 2017

Parents of Texas Murder Victim Fight Against Killer's Death Sentence

Posted By on Mon, Apr 10, 2017 at 2:52 PM


click image Glenn and Judith Cherry advocate for Paul Storey. - FACEBOOK.COM VIA SUPPORT GLENN AND JUDITH CHERRY
  • facebook.com via Support Glenn and Judith Cherry
  • Glenn and Judith Cherry advocate for Paul Storey.


















Two weeks before Paul Storey's execution date, Texas' top criminal court
decided to delay his death, siding with Storey's attorney. His counsel
argued that the jury would have sentenced his client differently had they known that the victim's parents were strictly opposed to the death penalty.

In 2006, Storey shot and killed Jonas Cherry during an armed robbery at a putt-putt golf course in Hurst, Texas. He was aided by Dewayne Porter, who later pleaded guilty to assisting in the murder and received a life sentence. But Storey, who was also offered the same deal, instead chose to go to trial, where he lost.

Glenn and Judith Cherry, Jonas' parents, say they were never aware that Storey was offered the same deal and claim they were always opposed to the death penalty, even during that 2008 murder trial.


On March 22, the Cherrys posted a Facebook video stating:

Paul Storey’s execution will not bring our son back, will not atone the loss of our son, and will not bring comfort or closure. We are satisfied that Paul Storey remaining in prison until his death will assure that he cannot murder another innocent person in the community, and with this outcome we are satisfied and convinced that lawful retribution is exercised concerning the death of our son.

Christy Jack, a former Tarrant County prosecutor who worked on the case, now insists the Cherrys knew about Porter's plea deal. Jack also said to WFAA ABC News that the Cherrys told her they opposed the death penalty, but still "supported the decision to move forward with the trial and seeking the death penalty."

Further complicating Storey’s sentence is the fact that a juror on the case said he did not understand jury instructions, and would have voted differently if given more information. He didn't realize at the time that his vote alone could have blocked the jury from handing down a death sentence. That juror, Sven Berger, along with at least two state lawmakers, are fighting to change jury instructions in future death penalty cases.


The Texas Court of Criminal Appeals, the state's highest criminal court, sent Storey's case to a lower court to make recommendations about whether he should receive a new trial and, ultimately, the opportunity for a new sentence.


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