Posted: Mar 1, 2013 1:15 PM by Associated Press
Updated: Mar 1, 2013 1:16 PM
HOUSTON (AP) - A divided federal appeals court panel has thrown out the capital murder conviction of a former Fort Worth street gang leader sentenced to die for gunning down a Dallas father of four during an attempted robbery in 2001.
A three-judge panel of the 5th U.S. Circuit Court of Appeals ruled 2-1 on Friday that Nelson Gongora's constitutional rights were violated in comments by a Tarrant County assistant district attorney. The prosecutor told trial jurors that Gongora's refusal to testify at his 2003 trial implied he was guilty.
Gongora was convicted of killing 36-year-old Delfino Sierra outside a party he was attending in Fort Worth.
The court has given Tarrant prosecutors six months to retry Gongora, resolve the case in some other manner or release him from prison.
(Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)
Do you have a tip, information about a breaking news story, or a story idea for 6 Investigates? Contact the KRIS 6 News Desk at 361-884-6666 or send us an email.
Look at photos and videos and share them!
| Desktop Weather
Current forecast, hurricane info, and much more!
|KRISTV.COM Mobile Website
Get KRISTV.com on your mobile or PDA!
|KRISTV.COM Mobile Apps
Get our mobile apps on your mobile or PDA!
See the latest winning numbers!
|6 News Team
Read about your favorite KRIS-TV personalities!
|FCC Online Public File
FCC Public File of Records, Reports, and more