Court revives claims by Texas death row inmate backed by DA

WASHINGTON (AP) — The Supreme Court on Monday revived claims by a Texas inmate who has the rare support of the state prosecutor’s office that put him on death row.

The justices threw out a Texas appeals court ruling that refused to grant the inmate, Areli Escobar, a new trial. The state appeals court had overruled a lower court judge who documented the flaws in the forensic evidence used to convict Escobar.

The high court’s action returns the case to the appeals court.

Escobar was convicted and sentenced to death in the May 2009 fatal stabbing and sexual assault of Bianca Maldonado, a 17-year-old high school student in Austin. They lived in the same apartment complex.

The focus of the prosecution case against Escobar was evidence from the Austin Police Department’s DNA lab.

But a later audit turned up problems at the lab that led Judge David Wahlberg of the Travis County District Court to conclude that Escobar’s trial was unfair.

“The State’s use of unreliable, false, or misleading DNA evidence to secure (Escobar’s) conviction violated fundamental concepts of justice,” Wahlberg wrote.

When the case returned to the Texas Court of Criminal Appeals, Travis County prosecutors no longer were defending the conviction. Voters had elected a new district attorney, Jose Garza, who ran on a promise to hold police accountable in Austin, the state capital and county seat.

But the appeals court refused to go along, saying it had conducted its own review that justified affirming the conviction and sentence, and not mentioning the prosecution’s change of position. Even after Garza’s office pointed out it was no longer standing behind the conviction, the appeals court stuck with its ruling.

In its filing with the Supreme Court, Garza’s office wrote that prosecutors have a duty to see justice done and that the appeals court “undermined the District Attorney’s historical role in the criminal justice system.”

Escobar’s lawyers, unsurprisingly, agreed, telling the court that their case is so clear, the justices could reverse the appellate ruling without hearing arguments.

“If ever there were a case calling for summary reversal, it is this capital case. Denying the petition would be a grave miscarriage of justice,” they wrote.

 

FILE – Light illuminates part of the Supreme Court building at dusk on Capitol Hill in Washington, Nov. 16, 2022. In courtrooms across America, defendants…

FILE – Light illuminates part of the Supreme Court building at dusk on Capitol Hill in Washington, Nov. 16, 2022. In courtrooms across America, defendants get additional prison time for crimes that juries found they didn’t commit. The Supreme Court is being asked, again, to put an end to the practice.(AP Photo/Patrick Semansky, File)

WASHINGTON (AP) — The Supreme Court on Monday revived claims by a Texas inmate who has the rare support of the state prosecutor’s office that put him on death row.

The justices threw out a Texas appeals court ruling that refused to grant the inmate, Areli Escobar, a new trial. The state appeals court had overruled a lower court judge who documented the flaws in the forensic evidence used to convict Escobar.

The high court’s action returns the case to the appeals court.

Escobar was convicted and sentenced to death in the May 2009 fatal stabbing and sexual assault of Bianca Maldonado, a 17-year-old high school student in Austin. They lived in the same apartment complex.

The focus of the prosecution case against Escobar was evidence from the Austin Police Department’s DNA lab.

But a later audit turned up problems at the lab that led Judge David Wahlberg of the Travis County District Court to conclude that Escobar’s trial was unfair.

“The State’s use of unreliable, false, or misleading DNA evidence to secure (Escobar’s) conviction violated fundamental concepts of justice,” Wahlberg wrote.

When the case returned to the Texas Court of Criminal Appeals, Travis County prosecutors no longer were defending the conviction. Voters had elected a new district attorney, Jose Garza, who ran on a promise to hold police accountable in Austin, the state capital and county seat.

But the appeals court refused to go along, saying it had conducted its own review that justified affirming the conviction and sentence, and not mentioning the prosecution’s change of position. Even after Garza’s office pointed out it was no longer standing behind the conviction, the appeals court stuck with its ruling.

In its filing with the Supreme Court, Garza’s office wrote that prosecutors have a duty to see justice done and that the appeals court “undermined the District Attorney’s historical role in the criminal justice system.”

Escobar’s lawyers, unsurprisingly, agreed, telling the court that their case is so clear, the justices could reverse the appellate ruling without hearing arguments.

“If ever there were a case calling for summary reversal, it is this capital case. Denying the petition would be a grave miscarriage of justice,” they wrote.

Copyright 2023 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


Top Stories


Travis County discussing second probate court, would …


APD searching for suspect’s vehicle in deadly October …


Austin cyclist captures video of self-driving car …


Texas falls four spots in latest men’s AP Top 25 …


Texas expects record revenue, $33 billion budget …


Top Stories


More Stories


Travis County discussing second probate court, would …


APD searching for suspect’s vehicle in deadly October …


Austin cyclist captures video of self-driving car …


Texas falls four spots in latest men’s AP Top 25 …


How to volunteer for South by Southwest 2023


Austin’s 2023 weather by the numbers


Contract workers injured during demolition of Fort …


2023 Texas legislative session: What to expect on …


More Stories

KXAN Austin Video

<article class="article-list__article article-list__article–is-stacked article-list__article–has-thumb article-list__article–is-media-type" data-article-id="8290649" data-index="0" data-collection="article-list3" data-anvato-params=""ns":"id":"8290649","title":"What to expect on day 1 of Texas legislative session","link":"https://www.kxan.com/video/what-to-expect-on-day-1-of-texas-legislative-session/8290649/","thumbnail":"src":"https://m104216-ucdn.mp.lura.live/iupl_lin/78E/ACC/78EACC65E43F6532F9AE2B757B0592B5_160x90.jpg?Expires=2082758400&KeyName=mcpkey1&Signature=PpMC4LDkcfpMOqTmYDMP_aTdA94","orientation":"landscape","proportional_sources":"16:9":"srcset":"https://m104216-ucdn.mp.lura.live/iupl_lin/78E/ACC/78EACC65E43F6532F9AE2B757B0592B5_160x90.jpg?Expires=2082758400&KeyName=mcpkey1&Signature=PpMC4LDkcfpMOqTmYDMP_aTdA94 160w, https://m104216-ucdn.mp.lura.live/iupl_lin/78E/ACC/78EACC65E43F6532F9AE2B757B0592B5_160x90.jpg?Expires=2082758400&KeyName=mcpkey1&Signature=PpMC4LDkcfpMOqTmYDMP_aTdA94 256w, https://m104216-ucdn.mp.lura.live/iupl_lin/78E/ACC/78EACC65E43F6532F9AE2B757B0592B5_160x90.jpg?Expires=2082758400&KeyName=mcpkey1&Signature=PpMC4LDkcfpMOqTmYDMP_aTdA94 320w, https://m104216-ucdn.mp.lura.live/iupl_lin/78E/ACC/78EACC65E43F6532F9AE2B757B0592B5_160x90.jpg?Expires=2082758400&KeyName=mcpkey1&Signature=PpMC4LDkcfpMOqTmYDMP_aTdA94 640w, https://m104216-ucdn.mp.lura.live/iupl_lin/78E/ACC/78EACC65E43F6532F9AE2B757B0592B5_160x90.jpg?Expires=2082758400&KeyName=mcpkey1&Signature=PpMC4LDkcfpMOqTmYDMP_aTdA94 960w, https://m104216-ucdn.mp.lura.live/iupl_lin/78E/ACC/78EACC65E43F6532F9AE2B757B0592B5_160x90.jpg?Expires=2082758400&KeyName=mcpkey1&Signature=PpMC4LDkcfpMOqTmYDMP_aTdA94 1280w, https://m104216-ucdn.mp.lura.live/iupl_lin/78E/ACC/78EACC65E43F6532F9AE2B757B0592B5_160x90.jpg?Expires=2082758400&KeyName=mcpkey1&Signature=PpMC4LDkcfpMOqTmYDMP_aTdA94 1920w, https://m104216-ucdn.mp.lura.live/iupl_lin/78E/ACC/78EACC65E43F6532F9AE2B757B0592B5_160x90.jpg?Expires=2082758400&KeyName=mcpkey1&Signature=PpMC4LDkcfpMOqTmYDMP_aTdA94 2560w","sizes":"(max-width: 899px) 100%, 300px","date":"time":"27 mins ago","datetime":"2023-01-09T14:48:37-06:00","lead_media":true,"media_type_icon":"name":"video","label":"Video","vilynx_id":"LIN_8290649","mcp":"LIN","width":"100%","height":"100%","video":"8290649","autoplay":false,"expect_preroll":true,"pInstance":"p48","plugins":"comscore":"clientId":"6036439","c3":"kxan.com","version":"5.2.0","useDerivedMetadata":true,"mapping":"c3":"kxan.com","ns_st_st":"kxan","ns_st_pu":"Nexstar","ns_st_ge":"News,Local,Austin,Video,Local News,Video","cs_ucfr":"","dfp":"adTagUrl":"https://pubads.g.doubleclick.net/gampad/ads?sz=1×1000&iu=/5678/lin.kxan/news/texas&impl=s&gdfp_req=1&env=vp&output=vmap&unviewed_position_start=1&ad_rule=1&description_url=https://www.kxan.com/news/texas/ap-court-revives-claims-by-texas-death-row-inmate-backed-by-da/&cust_params=vid%3D8290649%26cmsid%3D1610414%26pid%3D1610414%26pers_cid%3Dnxs-40-article-1610414%26vidcat%3D/news/texas%26bob_ck%3D[bob_ck_val]%26d_code%3D1%26pagetype%3Dstory%26hlmeta%3Dap%20court%20revives%20claims%20by%20texas%20death%20row%20inmate%20backed%20by%20da%26aa%3Df","nielsen":"apid":"P74D95DB2-9ACC-40E2-B3B5-7B9C65C50126","sfcode":"dcr","type":"dcr","apn":"Anvato","environment":"production","useDerivedMetadata":true,"mapping":"adloadtype":2,"adModel":2,"segmentCustom":"script":"https://segment.psg.nexstardigital.net/anvato.js","writeKey":"8Jlo8JuUyENFG8nvLkq1NuyT2CHRyOp7","pluginsLoadingTimeout":12,"expectPrerollTimeout":8,"accessKey":"gq261XAmw8b5xi69ku8hYmO1kyPmMBzn","token":"eyJ0eXAiOiJKV1QiLCJhbGciOiJIUzI1NiJ9.eyJ2aWQiOiI4MjkwNjQ5IiwiaXNzIjoiZ3EyNjFYQW13OGI1eGk2OWt1OGhZbU8xa3lQbU1Cem4iLCJleHAiOjE2NzMzMDI1Mzd9.Njsb15E66hq41CJEovOaE4dCAH-j81Y0uW8pHgsnRHM","nxs":"mp4Url":"https://tkx.mp.lura.live/rest/v2/mcp/video/8290649?anvack=bvJ0dQpmRLZx7cMPeiW9U27gVRARwpPL&token=%7E5iqwcZUDZES%2BNCdQYl%2BkXLloGseZvo70MQ%3D%3D","enableFloatingPlayer":true,"disableMutedAutoplay":false,"recommendations":false,"expectPreroll":false,"titleVisible":false,"pauseOnClick":true,"trackTimePeriod":60,"isPermutiveEnabled":true
// –>


Tracking the Coronavirus


COVID-19 data tracker: Cases reported in the KXAN …

/ 4 days ago


COVID-19 data tracker: Cases reported across Texas

/ 4 days ago


Coronavirus Cases Tracker

Austin Weather

Current

73°

Sunny

Tonight

53°

Partly Cloudy w/ Fog by Sunrise

Precip: 0&percnt;

Tomorrow

82°

Mostly Sunny

Precip: 0&percnt;

Trending Stories


Muscle aches, pains now among top COVID symptoms


How Austin shoppers are saving money on groceries …


Man sentenced to 2 years for 2020 ‘sudden passion’ …


Dreamland announces pickleball-centered business …


Austin cyclist captures video of self-driving car …

Don’t Miss


What gives with the ‘Buscar’ graffiti?


19-year-old political newcomer days away from becoming …


Chris Beard arrest: Longhorns coach uncertainty, …


KXAN launches new news podcasts


KXAN launching new Texas politics email newsletter …



Latest weather conditions from the KXAN First Warning Weather team