An appeals court has been asked to clarify jury instructions over a Texas inmate’s alleged role in the death of a guard during an escape attempt in 2007.
The Eagle newspaper reports that the Bryan capital murder trial of John Falk Jr. remains on hold pending a ruling. Prosecutors seeking the death penalty told the 10th court of appeals in Waco on Monday that the jury instructions are too limiting.
The defense says the wording follows what’s in the indictment. Officer Susan Canfield died after being thrown from a horse that was hit by a truck at the Wynne unit.
The driver, inmate Jerry Martin, received a death sentence for the slaying. Martin was serving 50 years for attempted capital murder. Falk was serving a life term for murder.
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