CORPUS CHRISTI, Texas — A motion to withdraw the execution date for John Henry Ramirez has been denied.
Judge Bobby Galvan made the decision in a court hearing Tuesday morning.
Ramirez's attorney Seth Kretzer and Nueces County District Attorney Mark Gonzalez filed the motion together.
"No joint and unopposed motion to withdraw a death warrant has ever been denied in Texas history," Kretzer said. "And so for that reason, we would ask the Court of Criminal Appeals to reverse Judge Galvan on that basis."
Since the motion of the death penalty date was withdrawn, Gonzalez provided the statement below:
I have always and will continue to hold Judge Galvan in the highest regard and we will take his advice as he welcomed us to appeal his decision. We are in unchartered waters and even judges sometimes welcome guidance or answers from higher courts.
It was back in 2004 when Ramirez was convicted of killing a Corpus Christi store clerk. He and his legal team recently won a Supreme Court case that said a death row inmate should be allowed to have his pastor pray out loud and touch him during his execution.
"Nobody can ever see a situation where the elected District Attorney asked the judge to take back a death warrant. And the state district judge said no," Ketszer said.
Kretzer believes this will be an issue of first impression and one that will get their brief on file in the court of criminal appeals
Ramirez is scheduled to be executed by lethal injection on Oct. 5, but back in April the motion to withdraw that requested execution date was filed by Gonzalez, citing his "firm belief that the death penalty is unethical and should not be imposed on Mr. Ramirez or any other person" while he is in office.
That motion was denied Tuesday morning by Judge Bobby Galvan.
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