Jose Briseno has been roosting on death row for killing a Texas sheriff nearly 20 years ago. After the rejection of numerous appeals that went all the way to the U.S. Supreme Court, the Texas Court of Criminal Appeals has now decided Jose’s jury was not properly instructed for imposing the death penalty.
There has never been any doubt that Briseno killed the sheriff. But Texas’ highest criminal court ruled the trial judge failed to instruct the jury that they could consider Jose’s UNSTABLE family, troubled background, limited INTELLECTUAL ability and POVERTY as mitigating circumstances. The court vacated the death sentence and ordered Briseno returned to Laredo for a new punishment trial.
Unstable family? Half of America’s families are unstable, with a greater percentage among the lower class. How, after 20 years, did the court come to the unbelievable conclusion that a cold-blooded cop killer deserves mercy because his family was dysfunctional? Ditto for dumb asses? And the same if the killer grew up in poverty? How absurd!
Even if the jury in the new punishment trial, after considering these ‘mitigating’ factors, goes ahead to impose a well-earned death penalty, it’ll probably be another 10 years or so before a new series of appeals finally grinds to a halt.
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