CORPUS CHRISTI, Tx — The case against Joe David Padron, whose conviction was overturned due to false testimony, remains unresolved after the prosecutor requested more time to investigate.
Padron spent 19 years in prison for the 2002 shooting deaths of John Commisky and Jesus Gonzalez in what became known as the "Mary Street Murders." His conviction was thrown out by the Texas Court of Criminal Appeals in April 2025 after the court found that false testimony from jailhouse informants violated his constitutional rights.
The delays come after months of challenges caused by missing case files that were destroyed in 2017 under orders from then-District Attorney Mark Gonzalez. The Hidalgo County District Attorney's office, which took over the case after Nueces County DA Jimmy Granberry recused himself, has previously said it did not have enough information to make a determination as to whether the case would be retried, or dismissed.
"Unfortunately we're a little disappointed, we'd really like this resolved for him," attorney Lisa Greenberg told KRIS 6. "He has been waiting so long to clear his name and to have his life back and to start over."
Greenberg continued, "We're not in the position to argue with somebody really looking into what happened here and doing the right thing, which would be to dismiss the case based on actual innocence. If it takes 30 more days, we'll hang in there. If it takes 60 more days, we'll hang in there and hope that the new district attorney in this case has a hard job to do. I'm glad they're really looking into it."
"Really, really disappointed," Padron said after the hearing. "The good thing is that this prosecutor from Hidalgo County, they're talking about doing a more thorough investigation of the case, and I think that’s the only great thing about this delay for the first time they’re gonna finally investigate the case as it should have been done the first time." Padron added, "I believe that the families of the victims. They deserve to know what really happened."
Roxanne Salinas, a prosecutor with the Hidalgo County DA's Office, told the court on Tuesday that while her office has received additional information, they need to conduct further investigation, including witness interviews, before determining whether to proceed with the case.
Mike Ware, defense attorney with the Innocence Project of Texas representing Padron, said the defense cannot object to the prosecution's request for additional time. "I very much want them to come to the right decision," Ware said, expressing hope that prosecutors will ultimately dismiss the case based on actual innocence.
District Court Judge Inna Klein granted prosecutors up to 60 days to complete their review, with a status hearing scheduled in 30 days.
Padron's 2004 conviction relied primarily on testimony from jailhouse informants who have since recanted their statements. Robert Lara and Francisco Cabrialez both admitted they lied on the stand, with Lara receiving probation on five felony charges in exchange for his testimony. No physical evidence ever linked Padron to the crimes.
During evidentiary hearings, the court heard testimony that one of the actual killers had confessed, naming three accomplices and specifically stating that Padron was not involved in the murders.
The destruction of crucial case files has created what legal experts call an almost insurmountable obstacle for any potential retrial. In 2017, Gonzalez ordered the destruction of all felony case files and working files dated between 1994 and 2010, despite strong objections from the appellate division.
"We have torn up the 4th floor, we have gone through every nook and cranny in this office," current DA Granberry said in June. "We've torn up every space we can find."
No inventory was kept of the destroyed files, making it impossible to know what other cases might be affected by the destruction order. Gonzalez resigned as Nueces County DA in September 2023 amid controversy, with a civil suit seeking his removal for incompetency and official misconduct.
Lisa Greenberg, one of Padron's defense attorneys from the Innocence Project of Texas, has expressed hope that prosecutors could find enough information to make a finding of actual innocence, which would entitle Padron to compensation for wrongful imprisonment.
"I believe that we know more every day than injustices happen. To people who were railroaded by the justice system, they deserve their day in court," Greenberg said in June.
For Padron, who was released on bail in 2023 while awaiting the appeals court decision, the wait continues as he rebuilds his life after two decades of wrongful imprisonment.
"You're starting all over again. You have to see who you're gonna associate with... you have to build your circle," Padron previously told KRIS 6 News.
According to San Antonio-based appellate attorney Daniel De La Garza, no state law mandates how long district attorneys must keep case files.
"When we're talking about the death penalty or life in prison it needs to be done right, and there needs to be safeguards like keeping the files," De La Garza previously told KRIS 6 News.
