FORT WORTH, Texas — The Tarrant County District Attorney has requested a new punishment trial for a man on death row, alleging that the prosecutor on the case lied during her closing arguments about the victim's family's opposition to the death penalty, according to an appeals motion filed earlier this month.
The motion was another development in the case of Paul Storey, who was convicted in 2008 of killing Jonas Cherry at a miniature golf course in Hurst.
A jury sentenced Storey to death, but Cherry's family has advocated against the death penalty and argued that they did not want their son's killer to be executed.
In a motion filed Aug. 17, Tarrant County District Attorney Sharen Wilson - who was not in office during Storey's initial trial - told the Texas Court of Criminal Appeals that Storey's prosecutors Christy Jack and Robert Foran committed "serious ... prosecutorial malfeasance" during Storey's trial.
Jack told jurors that Cherry's family "believe the death penalty is appropriate," according to Wilson's motion.
"As we now know," Wilson's motion said, "this was a lie. Jonas's family, in particular his parents, did not want the death penalty for the man who had brutally murdered their son."
Wilson's motion said Jack and Foran did not disclose the Cherry family's wishes to Storey's defense attorney, nor did they disclose it at trial and subsequent appeal hearings.
Wilson's motion said her office now "concedes that Ms. Jack's closing argument included what she knew to be a false statement regarding the victim's family."
The motion concluded:
"In 2008, Ms. Jack and Mr. Foran failed to disclose favorable, material evidence to defense counsel. Ms. Jack compounded this action when she blatantly lied during her closing argument at trial. Ten years later, Ms. Jack and Mr. Foran compounded that lie even further when they gave perjured testimony to cover up the fact that Ms. Jack had violated Storey's right to a fair trial - the trial, therefore, did not take place on an even playing field."
It's unknown when the Court of Criminal Appeals will make a ruling on the motion.
The DA accuses Jack and attorney Robert Foran of committing serious prosecutorial malfeasance, meaning Christy Jack broke the law when she made that statement when she argued for the death penalty for Storey.
"Very strong allegations. Very strong," said Russell Wilson.
Wilson has a successful law practice in downtown Dallas. He was born and raised in Dallas where he wanted a career helping people find justice, especially the seemingly disenfranchised when it comes to the legal system. So, it's no surprise he spent a portion of his legal profession righting wrongs among prosecutors and defense attorneys.
"I was a former special fields bureau chief over the Conviction Integrity Unit. And what we did was investigate wrongful convictions and allegations of prosecutorial misconduct. And in cases where we found it, we either advise the court track or other court of criminal appeals," said Russell Wilson, "We sought to either exonerate the person or to correct the wrong if it occurred."
Earlier this summer, Wilson's office filed a motion, asking to be placed back on the case. The district attorney's office was recused from Storey's case because Storey's attorney later became a prosecutor in Tarrant County.
Wilson's motion this summer acknowledged that Jack told jurors that Cherry's family wanted the death penalty when, in fact, they did not, the motion said.
Russell Wilson said, "We want to know as a society that if we are accused of a crime, that that person whose accused is going to receive a fair trial and that it's going to be an honest trial."
The District Attorney wants Storey to get a new punishment trial, saying this time the jury will know the Cherrys' stance on the death penalty. Russell Wilson explained to WFAA TV that it is imperative that a jury has all the correct information before not only deciding guilt or innocence, but more importantly, life or death.
"This is an important case because the entire country is watching Texas when it comes to the death penalty," Russell Wilson said, "You also have to place faith in the process and understand in this particular case, it does not appear that the families wishes that that that statement was accurately made."
In a statement provided to WFAA earlier this month, Jack stood by her position to seek the death penalty in the case.
"This case was appealed to Fifth Circuit Court of Appeals, the Texas Court of Criminal Appeals, and the United States Supreme Court -- all of which upheld the death penalty as decided by the jury," the statement from Jack reads. "I stand by my statements to the jury and my testimony during the hearing. I even went so far as to take -- and pass -- a polygraph related to the truthfulness and veracity of my testimony."
WFAA has reached out to Jack for a statement regarding the Tarrant County DA's ask of a new punishment trial for Storey. We will update this story when we hear back.