The Texas Court of Criminal Appeals ruling in Ex Parte Velez is available in Adobe .pdf format.
"Appeals court throws out Velez’s capital murder conviction," is by Mark Reagan in the Brownsville Herald.
Nearly eight years after 1-year-old Angel Gabriel Moreno died from a head injury, the conviction of the man sentenced to death in the case has been overturned.
Manuel Velez was convicted of capital murder in October 2008 and sentenced to death. Last June the Texas Criminal Court of Appeals threw out that sentence, and Wednesday morning it overturned the conviction and ordered Velez, and the case, back to Cameron County.
District Attorney Luis V. Saenz said his office is preparing to examine the case and determine how it will react to the ruling.
“What did the court find? Can we overcome what the court found? And then we decide the answers to those questions and we decide that depending on how strong we feel the case is, or how not strong it is at this point. Then we make a decision as to what charge,” Saenz said of re-trying Velez.
Angel Gabriel Moreno died after suffering head injuries. The child was rushed to the hospital after Velez found he had stopped breathing. Two days later, on Nov. 2, 2005, the child died.
The Texas Court of Criminal Appeals ruled Wednesday morning that Velez’s defense attorneys during his 2008 trial “failed to conduct an adequate investigation, and, as a result, failed to present evidence at trial that supported defense.”
In 2012, that same court overturned Velez’s death sentence but upheld his conviction. Lawyers with the American Civil Liberties Union then sought a writ of habeas corpus, which challenged the validity of his conviction and sentence.
Earlier coverage of Manuel Velez' case begins at the link.