Texas executed Arthur Brown Jr., who was convicted for his role in the killings of three victims from the same family and their neighbor.
Brown's attorneys had previously filed other appeals that had been rejected by lower courts. They argued he was innocent and that a witness actually implicated another suspect. They also claimed Brown's conviction was tainted by racial bias, alleging one of the jurors decided he was guilty because he was Black.
A judge in Houston on Tuesday denied a request by Brown's attorneys for DNA testing of evidence that they said could have exonerated their client. Josh Reiss, chief of the Post-Conviction Writs Division with the Harris County District Attorney's Office in Houston, called Brown's last-minute appeals a delay tactic.
Reiss said school records submitted at Brown's trial showed while the inmate was initially thought to possibly be intellectually disabled in the third grade, by ninth grade that was no longer the case. The prosecutor also said Brown's claims of innocence were problematic as the other suspect alleged to be the killer was found by investigators to not have been in Houston at the time.
Brown was one of six Texas death row inmates participating in a lawsuit seeking to stop the state's prison system from using what they allege are expired and unsafe execution drugs. Despite a civil court judge in Austin preliminarily agreeing with the claims, five of the inmates have been executed this year.
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