Attorneys file appeal in Paul Storey case, seek stay of execution

Attorneys for Paul Storey filed a state habeas application on Friday, March 31, 2017.  Mr. Storey is scheduled to be executed by the State of Texas on Wednesday, April 12, 2017.  You’ll find links to the writ and a video appeal for clemency by the parents of the murder victim, Jonas Cherry, below.

Statement from Attorneys for Paul Storey on State Habeas Application Filed on Friday, March 31, 2017

Below is a statement from counsel for Mr. Storey:

“Glenn and Judith Cherry, the parents of the murder victim, Jonas Cherry, were as adamantly opposed to the death penalty for Mr. Storey at his 2008 capital murder trial as they are today, as Mr. Storey faces execution on April 12, 2017.

Despite communicating their strong opposition to the death penalty months before the trial began, prosecutors contended in their closing arguments at trial that ‘it should go without saying that all of Jonas [Cherry’s] family and everyone who loved him believe the death penalty is appropriate.’  In other words, the jury was not told the truth.

The Cherry’s signed statement, attached to the application we filed on Friday in Tarrant County Criminal District Court Number 3 and with the Texas Court of Criminal Appeals, makes clear that the Cherrys did not then, nor do they now, support the death penalty for their son’s killer:

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.[1]

At least one juror has stated that had he known that the Cherrys opposed death for Mr. Storey, he would have held out, for as long as it took, for a life sentence.[2]

Mr. Storey’s execution cannot proceed until the courts have resolved whether jurors would have reached a different conclusion had they heard that the Cherrys wanted Mr. Storey to live the rest of his days in prison. We remain optimistic that the courts will stay his execution.”

Keith S. Hampton and Michael Ware, counsel for Mr. Storey, April 4, 2017

Background

For more information, contact attorneys Keith S. Hampton at 512-476-8484 (office) / keithshampton@gmail.com or Michael Ware at 817-338-4100 / ware@mikewarelaw.com.

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[1] Written Statement of Glenn and Judith Cherry, addressed to Governor Greg Abbott and the Board of Pardons and Paroles, dated February 14, 2017) (Appendix to Application).

[2] Affidavit of Sven Berger, March 16, 2017) (Appendix to Application).