CORPUS CHRISTI, Tx — As Joe David Padron awaits word on whether prosecutors will retry him for a double murder he maintains he didn't commit, his legal team is pressing for a swift resolution to a case that has already consumed more than two decades of his life.
The Innocence Project of Texas issued a statement Thursday emphasizing that Padron and his family "have been living with the terrible injustice of his wrongful conviction and imprisonment for almost 23 years," and urged the Hidalgo County District Attorney's Office to "finish their investigation expeditiously and arrive at the right conclusion."
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 overturned 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 case has been mired in delays, complicated by the destruction of crucial case files that were ordered destroyed in 2017 by then-District Attorney Mark Gonzalez. The Hidalgo County District Attorney's office took over the case after Nueces County DA Jimmy Granberry recused himself, citing the missing evidence as a barrier to making a determination on whether to retry or dismiss the case.
In a July court hearing, prosecutors requested additional time to conduct witness interviews and further investigation. District Court Judge Inna Klein granted prosecutors up to 60 days to complete their review, with a status hearing scheduled in 30 days.
"Mr. Padron has always proclaimed his innocence and even risked the death penalty and execution rather than accept a favorable plea bargain from the prosecutor which would have required him to plead guilty to something he did not do," the Innocence Project statement noted.
Padron's 2004 conviction relied primarily on testimony from jailhouse informants Robert Lara and Francisco Cabrialez, both of whom have since recanted their statements. Lara received probation on five felony charges in exchange for his testimony, and 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.
"There is no credible evidence supporting Mr. Padron's guilt for one simple reason - he did not do it," the Innocence Project stated. The organization expressed hope that prosecutors will find enough information to make a finding of actual innocence, which would entitle Padron to compensation for wrongful imprisonment.
Defense attorney Lisa Greenberg has previously expressed disappointment with the delays while acknowledging the prosecution's thorough approach. "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," Greenberg told KRIS 6 in July.
For Padron, who was released on bail in 2023 while awaiting the appeals court decision, the prolonged uncertainty continues as he attempts to rebuild his life after two decades of imprisonment. "You're starting all over again," he previously told KRIS 6 News about his experience readjusting to life outside prison.
The destruction of case files has created what legal experts call an almost insurmountable obstacle for any potential retrial. Former DA Gonzalez ordered the destruction of all felony case files and working files dated between 1994 and 2010, despite objections from the appellate division. No inventory was kept of the destroyed files, making it impossible to know what other cases might be affected.
Gonzalez resigned as Nueces County DA in September 2023 amid controversy, with a civil suit seeking his removal for incompetency and official misconduct.
The Innocence Project of Texas, which is representing Padron alongside attorney Mike Ware, is one of the leading innocence organizations in the nation, having exonerated or freed 40 people since 2006. The organization's Innocence Clinic at Texas Tech School of Law provides legal counsel and investigative services at no cost to wrongly convicted Texans.
"We will continue to cooperate in any way we can to see that Mr. Padron and his family receive the justice they have deserved for 23 years," the statement said.
The next court hearing is scheduled for September 23.
