Texas inmate’s execution delayed as motions filed to Supreme Court

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By Jon Herskovitz | AUSTIN, Texas

AUSTIN, Texas The execution of a Texas death row
inmate convicted of double murder was delayed on Thursday after
lawyers filed last-minute appeals to spare his life, saying he
was not the trigger man and his case was tainted by
prosecutorial misconduct.

Terry Edwards, 43, had been set to be put to death by lethal
injection at the state’s death chamber in Huntsville at 6 p.m.
But the execution was put on hold after several motions citing
what lawyers for Edwards said were faults in previous legal
proceedings were filed at the U.S. Supreme Court.

If the execution does go ahead, it would be the 540th in
Texas since the Supreme Court reinstated the death penalty in
1976, the most of any state.

Edwards was convicted along with co-defendant Kirk Edwards,
an older cousin, of the July 2002 murders of Dallas Subway
sandwich shop employees Mickell Goodwin and Tommy Walker in a

Kirk Edwards has a projected release date of July 2027,
Texas Department of Criminal Justice online records showed.

In an editorial posted online on Wednesday, the Dallas
Morning News said the execution should be halted because there
are too many unanswered questions in the case.

“These questions do not paint Terry Edwards as innocent. But
they do raise uncertainties as to whether the jury was misled
when it determined he had pulled the trigger and deserved to
die, it said.

Lawyers for Texas have argued that new counsel for Edwards
previously tried to halt the execution on similar grounds and
his execution should go ahead as a result of a conviction and
sentencing that were legal and proper.

John Mills, an attorney for Edwards, said he has evidence
indicating that Edwards was not the gunman.

“Previous counsel has done virtually almost nothing to
ensure that his case was investigated and that the powerful
evidence undermining the reliability and the fairness of his
conviction was brought to light,” Mills said in an interview.

One of the main pieces of evidence was gunshot residue
testing, which at trial was presented and used by prosecutors
who said Terry Edwards fired the fatal shots.

In court papers, lawyers for the death row inmate said the
gunshot residue evidence was improperly interpreted and actually
show that Edwards was not the shooter.

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