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| Texas Sheriff's Killer Wins Reprieve |
| By Associated Press |
| Published: 07/17/2002 |
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A man condemned for killing a sheriff won a reprieve from a state appeals court last week after his attorneys found a prison record indicating his IQ qualifies him as mentally retarded. The Texas Court of Criminal Appeals halted the injection less then four hours before his scheduled execution. The court was to later decide whether to vacate the sentence or refer the case elsewhere. Defense lawyer Richard Burr said he found a prison form from the 1980s that showed Jose Briseno had an IQ of 67; Burr said recent testing confirmed the assessment. People with an IQ below 70 are considered retarded under federal law. The U.S. Supreme Court last month ruled it is unconstitutional for mentally retarded people to be executed. Prosecutors said Briseno's mental abilities never were an issue at his trial. Briseno, 45, was convicted of killing Dimmit County sheriff Ben Murray, who was shot to death in 1991. |
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