CORPUS CHRISTI, Tx — The murder case against Joe David Padron has faced yet another delay, but his defense is optimistic a move toward the "right decision" is close.
"Very encouraging," is how Michael Ware with the Innocence Project of Texas described latest developments out of the courtroom on Tuesday. Another hearing for Padron will be held in two weeks where Hildago County said it expects to reach a decision on whether it will retry Padron for the 2002 shooting of two Corpus Christi men.
According to Ware, who is representing Padron, the right decision "would be to dismiss this case on the basis of actual innocence." He continued, "He was framed for a murder that he did not commit, framed 22 years ago, and he spent 22 years in prison for a murder he did not commit."
Padron also spoke with KRIS 6 News following Tuesday's hearing. While frustration was felt, Padron is grateful for a thorough investigation. "I think the process, the way they wanted to investigate deeper and stuff they've gone about it the right way," Padron told KRIS 6. "They took their time this time and that's good."
Background: A Case Built on Recanted Testimony
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 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.
"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 of Texas stated in August.
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.
Evidence Destruction Creates Legal Hurdle
The case has been complicated by the destruction of case files that were ordered destroyed in 2017 by then-District Attorney Mark Gonzalez. 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.
The destruction created what legal experts call an almost insurmountable obstacle for any potential retrial. Gonzalez resigned as Nueces County DA in September 2023 amid controversy, with a civil suit seeking his removal for incompetency and official misconduct.
The Hidalgo County District Attorney's office took over the case after Nueces County DA Jimmy Granberry recused himself. Granberry served as a defense attorney for Padron during the original criminal trial.
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 Tuesday's hearing marking the end of that review period.
The Innocence Project of Texas, which has been representing Padron, said in August that Padron and his family "have been living with the terrible injustice of his wrongful conviction and imprisonment for almost 23 years."
