CORPUS CHRISTI, Tx — Today, 214th District Court Judge Inna Klein signed an order dismissing the 2002 capital murder case against Joe David Padron. The Order grants the motion of the State to dismiss "in the interest of justice."
The decision, met with applause by family and friends of Padron, to dismiss the case comes after both the District Court and the Texas Court of Criminal Appeals determined that the State used the perjured testimony of two key witnesses in Padron's trial, causing his wrongful conviction. In his evidentiary hearing held in 2023, attorneys for Padron also presented evidence of the identity of the actual perpetrators of the murders, one of whom had confessed and named his co-actors.
Attorneys for Padron noted disappointment that the case was not dismissed on actual innocence, a dismissal that would have allowed Padron to be compensated for the more than two decades he spent behind bars. They said they will instead seek a civil lawsuit for these compensatory damages.
"Joe David is innocent, he should never have been charged. He should never been made to face the death penalty, which he was. He should never been convicted. Obviously, he should’ve never been in prison," said Mike Ware, defense attorney for Padron and executive director of the Innocence Project of Texas.
Outside the courtroom, Ware called it “a great day,” but said it marked only “the end of one part of this process.” He added that an innocent man had spent 23 years in prison for a crime he did not commit, and that “true justice” would come only when those responsible for the wrongful conviction are held accountable.
Padron was convicted for the 2002 shooting deaths of John Commisky and Jesus Gonzalez in what became known as the "Mary Street Murders" in Corpus Christi before his conviction was vacated by the Texas Court of Criminal Appeals in April 2025.
The appeals court determined that false testimony from jailhouse informants violated Padron's constitutional rights.
Lisa Greenberg, who represented Padron, said the dismissal was a major victory, but not complete justice. “He spent 23 years in prison and even after being released, he faced another trial and wore an ankle monitor,” she said. “Today is a happy day, but it’s not complete justice. We celebrate today, and then we work to fix the system.”
Padron was convicted for the 2002 shooting deaths of John Commisky and Jesus Gonzalez in what became known as the "Mary Street Murders" in Corpus Christi before his conviction was vacated by the Texas Court of Criminal Appeals in April 2025.
The appeals court determined that false testimony from jailhouse informants violated Padron's constitutional rights.
"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 told KRIS 6 News in August.
Ware said after court that their next step will likely involve a civil lawsuit. “Those who misuse the justice system and cause these injustices to happen need to be accountable,” he said.
The potential for a retrial was severely complicated by a decision made years before Padron's conviction was overturned. In 2017, then-District Attorney Mark 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 described as an almost insurmountable obstacle for prosecutors. San Antonio-based appellate attorney Daniel De La Garza previously told KRIS 6 that retrying the case would be "almost impossible," with most scenarios leading to dismissal.
"This has been a long fight for Joe David and his family," said Ware. "Although nothing can give back the over two decades he spent wrongfully imprisoned, we are hopeful that this dismissal following the ruling of the Texas Court of Criminal Appeals will give Joe David and his family some sense of justice and the peace they deserve."
Outside court, Padron said it felt like “about time.” He thanked his legal team and the Innocence Project of Texas for believing in him, saying he was “grateful for everyone who stood by me and for a judge who listened.”
Padron said he plans to focus on advocacy and mentoring. “I want to be a mentor for troubled youth,” he said. “A lot of people know the old me, but I’m glad justice was finally served.”
When asked what he would do next, Padron smiled. “I just want to eat a taco, barbacoa,” he said. “I’m enjoying my freedom after so many years. I feel blessed.”
Padron said, "Today, justice has finally been served. This has been as hard on my family as it has been on me. I am grateful for my family standing by me for all of these years and to my attorneys and to the Innocence Project of Texas for never giving up on my case."
