Execution of Texas death row inmate Ramiro Gonzales planned

CNN
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In Texas, Ramiro Gonzales is scheduled to be executed by lethal injection on Wednesday for murder in 2001. However, the inmate’s lawyers have appealed to the U.S. Supreme Court, arguing, among other things, that the death penalty is not an option under state law because he is no longer dangerous.

Gonzales, 41, was sentenced to death in 2006 for sexually assaulting and killing 18-year-old Bridget Townsend, court records show. His execution would be the first of two – the other in Oklahoma – scheduled to take place in the United States this week.

During the sentencing phase of Gonzales’ trial, as in all capital crimes in Texas, the jury was required to find that it was “likely” that Gonzales would “continue to commit violent criminal acts.” Without that finding, capital crime defendants in the Lone Star State cannot be punished with the death penalty under state law.

In their appeal to the Supreme Court, Gonzales’ lawyers say his track record over the past 18 years shows he is not dangerous, pointing to his commitment to his Christian faith, his dedication to others behind bars and his unsuccessful attempts to donate a kidney to a stranger in need.

In addition, the evidence on which the determination of future dangerousness was based was incorrect: an expert who diagnosed the prisoner with antisocial personality disorder relied on data on recidivism that later turned out to be incorrect. He has since examined Gonzales and retracted his statement.

If Gonzales no longer poses a threat, then he should not be punished with the death penalty in Texas, his lawyers argue. But state courts have failed to provide a way for post-trial review of the jury’s finding – or “prediction” – that Gonzales remained dangerous, violating his constitutional rights, they say.

“Ramiro has not only defied the jury’s prediction – he has never committed a single act or threat of violence since his death sentence in 2006 – but has actually actively contributes “He has made an extraordinary contribution to prison society,” the inmate’s lawyers, Thea Posel and Raoul Schönemann, said in a statement on Monday. “He should not be executed.”

As of Wednesday morning, Gonzales’ hopes have hinged almost entirely on his appeals to the Supreme Court. On Monday, the Texas Board of Pardons and Parole rejected a pardon by a vote of 7-0. Without that recommendation, Republican Governor Greg Abbott is only able to grant Gonzales a one-time 30-day reprieve under state law.

CNN has reached out to the Medina County District Attorney’s Office, which prosecuted the case, and members of Townsend’s family for comment.

Gonzales murdered Townsend in January 2001 after calling the home of his drug supplier, her boyfriend, in search of drugs, according to a 2009 Texas appeals court ruling that upheld the inmate’s conviction and death sentence.

When Townsend told Gonzales her boyfriend was not home, he went to the house looking for drugs. He stole money, kidnapped Townsend, bound her hands and feet and drove her to a location near his family’s ranch, the statement said. There he raped her and fatally shot her, it said.

The case remained unsolved for 18 months. Then, while in prison after pleading guilty to raping another woman, Gonzales confessed to Townsend’s murder and led authorities to her body.

Gonzales’ execution would be the eighth in the United States this year. The ninth is scheduled for Thursday in Oklahoma, according to data from the Death Penalty Information Center, a nonprofit organization that monitors the death penalty in the United States and has been critical of the way it is carried out in the past.

Oklahoma plans to execute Richard Rojem for the 1984 kidnapping, rape and murder of his 7-year-old stepdaughter Layla Cummings, court records show. The state’s parole board last week voted against pardoning Rojem, who maintains his innocence, CNN affiliate KOCO reports.

Both Gonzales and Rojem would be the second executions in their respective states in 2024, according to the center’s data. By this time last year, 13 inmates had already been executed in the United States, the data show.

CNN’s John Fritze contributed to this report.