CORPUS CHRISTI, Tx — Missing case files have stalled a decision on whether to retry Joe David Padron for a 2002 double murder, more than two months after the Texas Court of Criminal Appeals threw out his conviction.
Following that decision, the case returned to district court with the Hidalgo County District Attorney's office now handling the prosecution. The transfer occurred after Nueces County District Attorney Jimmy Granberry recused himself and his office, as Granberry had previously been part of Padron's defense team.
On Wednesday, a Hidalgo County prosecutor told District Court Judge Inna Klein she needs more time to review the case because she has not yet received crucial files.
6 Investigates has learned that in 2017, former Nueces County District Attorney Mark Gonzalez ordered the destruction of all felony case files and working files dated between 1994 and 2010. Padron's case fell within that time frame.
Gonzalez resigned as Nueces County DA in September 2023 amid controversy. A civil suit had sought his removal for incompetency and official misconduct, citing mishandled cases and thousands of dismissed charges.
"I was ready and they're not ready, you know, again," Padron said after Wednesday's hearing. "It's taken a long time, a very, very long time."
Lisa Greenberg, one of Padron's defense attorneys, told KRIS 6 News that she hopes the Hidalgo County DA can gather enough information to make a finding of actual innocence. Padron is represented by the Innocence Project of Texas.
Padron spent 19 years in prison for the shooting deaths of John Commisky and Jesus Gonzalez in what became known as the "Mary Street Murders." He was convicted in 2004 despite no physical evidence linking him to the crimes.
The conviction relied primarily on testimony from jailhouse informants who have since recanted. Two key witnesses—Robert Lara and Francisco Cabrialez—admitted they lied on the stand. Lara received probation on five felony charges in exchange for his testimony.
During evidentiary hearings, the court heard that one of the actual killers confessed, naming three accomplices and specifically stating Padron was not involved.
The Texas Court of Criminal Appeals vacated Padron's conviction in April, agreeing with Klein that false testimony violated Padron's constitutional rights. Padron had been released on bail in 2023 while awaiting the decision.
Current Nueces County District Attorney Granberry confirmed his office has searched extensively for Padron's file without success.
"We have torn up the 4th floor, we have gone through every nook and cranny in this office," Granberry said. "We've torn up every space we can find."
The 2017 destruction order came despite strong objections from the appellate division. Doug Norman, chief of appeals, and Mike Gordon, now-first assistant DA, "begged them not to do that," Granberry said.
He also said no inventory was kept of destroyed files, making it impossible to know what other cases might be affected.
Granberry, who served as one of Padron's defense attorneys in his original trial, called suggestions he was involved in the file's destruction "absolute bullxxx."
"I never believed that he was guilty," he said. "I take my duties here very seriously. I'm delighted that Joe David Padron is free and out of jail."
His policy prohibits destroying files while defendants remain alive or in prison.
The missing files create major obstacles for any potential retrial, according to San Antonio-based appellate attorney Daniel De La Garza. He said witness statements, evidence, and discovery materials are "most likely gone."
"I think it would be almost impossible to do that," De La Garza said of retrying the case. "Most roads in that particular instance would lead to a dismissal."
The destroyed files could also prevent Padron from receiving an "actual innocence" finding, which would entitle him to compensation for wrongful imprisonment.
"We are hopeful that they can find enough information they can piece it together to see what really happened in this case and do the right thing," Greenberg said. "I mean it's definitely concerning and disappointing, but we're hopeful that the right thing happens anyways."
Padron described the challenge of rebuilding after two decades away, "You're starting all over again. You have to see who you're gonna associate with... you have to build your circle."
According to De La Garza, no state law mandates how long district attorneys must keep case files.
"We are talking about people's lives and in some cases, we're talking about the death penalty or life in prison without parole, or life in prison with parole, which is, you know, 30-year minimums and stuff like that before you're eligible, and that's a long time, that's a long time for people. So if they're going to be in prison that long, it needs to be done right, and there needs to be safeguards like keeping the 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 said.
Greenberg echoed concerns related to these files and said that all people deserve their day in court.
"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. They deserve to be heard. They deserve for all the evidence to be looked at and what happened in each case. We know that prosecutorial misconduct occurs and so if something happened in somebody's case and we need to go back and look at it or if there somebody was actually innocent and there was a piece of evidence that was missing or not found. They should be able to have their file reviewed and their day in court just like Mr. Padron has so that they can have another opportunity at what we call justice or to make things right," Greenberg said.
Hidalgo County prosecutors must now decide whether to dismiss the charges, retry the case without key evidence, or pursue an actual innocence finding.
Meanwhile, Padron waits, with the next hearing scheduled for July.
"I'm ready whenever they're ready," he said.
