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Author Topic: Rigoberto Avila, Jr. - TX January 15, 2014 - Stayed  (Read 3702 times)

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Offline Londoner77

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Re: Rigoberto Avila, Jr. - TX 12--New date July 10, 2013
« Reply #15 on: April 09, 2013, 03:33:55 PM »
OMG, a new card: The Mimicking Wrestling Card....

Dee


It's even better than that. It's the it wasn't me it was my 4 year old brother mimicking wrestling moves' card

At least it's a new one I suppose. Ten out of ten for originality but simply unbelievable nonetheless

Whack him now I say!

Offline faithamor7

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Re: Rigoberto Avila, Jr. - TX 12--New date July 10, 2013
« Reply #16 on: April 24, 2013, 01:32:02 PM »
I sure hope this one goes thru.  >:( >:( >:( >:( We need to educate this horney momma's who think the world of these scumbag men. They are nothing but a sore loser.  >:( >:( >:( >:( >:(

Offline Grinning Grim Reaper

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Re: Rigoberto Avila, Jr. - TX - 1/15/14
« Reply #17 on: June 24, 2013, 11:56:59 AM »
Execution date moved again for El Paso man convicted of killing boy

By Adriana M. Chávez \ EL PASO TIMES

Posted:   06/24/2013 12:08:39 AM MDT

The execution date for an El Paso man convicted in the 2000 death of his then-girlfriend's 19-month-old son has been rescheduled again.

The request was made by his attorneys who wanted more time to explore the possibility he may be innocent.

Rigoberto "Robert" Avila Jr., 40, has been on Texas' death row since 2001 after his capital murder conviction in the Feb. 29, 2000, death of Nicolas Macias.

In 2001, a state district court jury sentenced Avila to death after convicting him in Nicolas' death. Prosecutors had alleged Avila fatally beat Nicolas while Avila was baby-sitting Nicolas and his sibling.

At the time, Avila was dating the children's mother, who was attending classes when Nicolas was injured. Nicolas' mother, Marcelina Macias, has declined interview requests from the El Paso Times.

Avila was initially scheduled to be executed on Dec. 12 -- which happened to be the Catholic Church's feast day for Our Lady of Guadalupe -- but was rescheduled for April 10. After defense attorneys asked for more time to explore scientific evidence in the case, Avila's execution was rescheduled again for July 10.  His 4th date is now set for January 15, 2014.

Cathryn Crawford and Kathryn Kase, attorneys with the Texas Defender Service who are representing Avila in his appeals, requested that Avila's July 10 execution date be withdrawn to allow them to explore the possibility Avila may be innocent, based on a scientific study that Nicolas was injured by a sibling.

District Attorney Jaime Esparza (who graduated from the Craig Watkins' school of how to delay justice by district attorneys) did not oppose the request, which was granted by 41st District Judge Anna Perez last week. Perez also scheduled a new execution date in January 2014.

Avila's attorneys commended Esparza for not opposing their request for more time. Esparza declined to comment on the request, but said he allowed prosecutors to seek the death penalty against Avila based on Nicolas' brutal death. At the time, jurors did not have the option of sentencing Avila to life in prison without parole.

According to testimony by two medical experts at Avila's trial, Nicolas had severe internal injuries, including a severed pancreas, that were caused by the same amount of force seen in high-speed traffic crashes. They also testified Nicolas' injuries could not have been caused by an accident.

One witness, pediatric surgeon Dr. George Raschbaum, testified the only way a 4-year-old child could have caused Nicolas' injuries was if he had jumped on Nicolas from a height of 20 feet.

During an El Paso Times editorial board meeting last week, Crawford said testing by their defense expert indicates Nicolas' injuries could have been caused by a 4-year-old child jumping from a height of 16 to 24 inches. The bed in the bedroom Nicolas and his sibling were playing in was 18 inches high.

"It is very clear that physically, this is a very possible scenario," Crawford said. "We're hoping to present the evidence to the court to determine if the jury had heard this, would they have possibly found him not guilty. That's all we're asking for."

Crawford and Kase stopped short of saying Avila is innocent, but said they are exploring the possibility Nicolas was fatally injured by his 4-year-old sibling, who was mimicking wrestling moves both had seen on pay-per-view a few days earlier.

According to preliminary biomechanical testing conducted by a defense expert, Crawford and Kase said, it is possible Nicolas could have suffered his injuries after his sibling leaped from a bed onto the boy, who was lying on the floor.

However, the biomechanical testing was not available to Avila's defense attorneys at the time of his 2001 trial, and according to Senate Bill 344, a state law that will take effect Sept. 1, a defendant is entitled to a court hearing based on "relevant scientific evidence" not available at the time of the defendant's trial.

Crawford said she and Kase are also looking into the possibility that Avila unknowingly signed a confession where he admitted to hitting Nicolas.

Avila had initially told then-El Paso police homicide Detective Tony Tabullo that Nicolas and his sibling were playing in a bedroom while Avila was watching television in a different room when Nicolas' sibling told Avila the boy was not breathing.

Crawford said in the first statement, Avila initialed each paragraph indicating he had read them. She said Avila's first statement was consistent with what he told police and paramedics at the scene and what Nicolas' sibling described during an initial interview with a police investigator.

During the early morning hours of March 1, 2000, while Avila was still at police headquarters, Tabullo learned of a bruise on Nicolas' abdomen that paramedics interpreted as a shoe mark, Crawford said.

Crawford said Tabullo, who retired from the police department in 2003, had Avila sign a second statement that said Avila confessed to beating Nicolas. Avila signed the second statement because he trusted it was the same as the first.

Kase and Crawford also noted Avila had no previous criminal or violent history and was a Navy veteran.

Crawford and Kase said they expect to file more extensive documents once the new law becomes effective in September. Kase said Avila's case will very likely be the first case heard under the new law.

www.elpasotimes.com
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Offline ggbop

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Re: Rigoberto Avila, Jr. - TX 12--New date July 10, 2013
« Reply #18 on: July 10, 2013, 08:59:01 AM »
Looks like this one is still on for tonight - I can't find anything published later than April for this guy
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"Whoever sheds the blood of man, by man shall his blood be shed; for in the image of God has God made man. "

Offline Grinning Grim Reaper

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Re: Rigoberto Avila, Jr. - TX - 1/15/14
« Reply #19 on: July 10, 2013, 09:10:45 AM »
Looks like this one is still on for tonight - I can't find anything published later than April for this guy

He is now set for January 15, 2014....the 4th X date he's had.
Vengence is mine saith the Lord...who are we to question the instruments used to carry it out?

Offline time2prtee

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Re: Rigoberto Avila, Jr. - TX 12--New date July 10, 2013
« Reply #20 on: July 10, 2013, 01:22:13 PM »
http://www.kbtx.com/news/state/headlines/July-Scheduled-Execution-of-Texan-Delayed-to-2014-212740191.html

July Scheduled Execution of Texan Delayed to 2014

A Texas death row inmate facing lethal injection this summer for the 2000 fatal beating of his girlfriend's son has had his execution delayed.

The El Paso Times reported Monday that a judge has pushed back the July 10 execution date of Rigoberto Avila Jr. until January.

The judge last week granted a defense request for more time to review a scientific study that indicates 19-month-old Nicolas Macias could have been hurt by an older sibling.

Testimony showed Avila was watching the boy and the youngster's 4-year-old brother while his girlfriend was attending a college class. The couple had been dating about four months.

Avila at trial denied hurting the victim but earlier told police that he was jealous because his girlfriend was paying so much attention to Nicolas.

Looks like another stay. Justice delayed....Jan 15, 2014!
"Indeed, the decision that capital punishment may be the appropriate sanction in extreme cases is an expression of the community's belief that certain crimes are themselves so grievous an affront to humanity that the only adequate response may be the penalty of death."  SCOTUS

Peace and Comfort to all Victims and Families

Offline Kevin R.Hirschkorn

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Re: Rigoberto Avila, Jr. - TX 12--New date January 15, 2014
« Reply #21 on: July 10, 2013, 04:24:03 PM »
I am gonna get get  a new cartage for my E cig... Then I will be in chat..
This was designed to hurt....Its a SEAL Candace unless you have been there yo will never understand...

Offline fangtasia0413

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Re: Rigoberto Avila, Jr. - TX 12--New date January 15, 2014
« Reply #22 on: July 10, 2013, 05:05:21 PM »
 :(If this was November or December then I wouldn't give a rats ass about the rescheduling.  But it is July and he he needs to go now for almost stomping a hole in that poor four year old's chest.
I'm a Bill Maher style liberal.  I believe in the death penalty for those who really deserve it, assisted suicide, pro choice, and the legalization of certain drugs.

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Offline ginnypro

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Re: Rigoberto Avila, Jr. - TX 12--New date January 15, 2014
« Reply #23 on: August 28, 2013, 07:52:05 PM »
This guy needs an good kick with steel toed boots in his gut. Not a nice clean room with a humane way to be executed. Now, executing someone the way they killed the victim is humane.
I support the DP for my High School classmate, Sarah Wisnosky. Killed in college by her boyfriend.

Offline Nigel

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Re: Rigoberto Avila, Jr. - TX 12--New date January 15, 2014
« Reply #24 on: September 13, 2013, 04:06:10 PM »
Sorry to be the bearer of bad news everyone!


Execution date for El Pasoan on death row postponed again

Attorneys for Rigoberto Avila Jr. are seeking hearing on new evidence


A state district judge has withdrawn the execution date for Rigoberto Avila Jr., the El Paso man convicted in 2001 for the beating death of his then-girlfriend's 19-month-old son.
Judge Anna Perez of the 41st District Court withdrew Avila's Jan. 15 execution date during a hearing Wednesday morning. Avila's attorney Cathryn Crawford, who is also the post-conviction director at the Texas Defender Service, said Perez's decision will hopefully allow her to present scientific evidence that may exonerate Avila.
"We are hopeful that the Texas Court of Criminal Appeals will grant Mr. Avila an evidentiary hearing to present newly available science which strongly suggests Mr. Avila is innocent," Crawford said in a statement. "The State of Texas cannot proceed with an execution without considering legitimate and persuasive claims of innocence. There is no room for uncertainty when it comes to the death penalty."
A new execution date has not been set.
Avila, 40, has been on Texas' death row since 2001 after his capital murder conviction in the Feb. 29, 2000, death of Nicolas Macias. State prosecutors had alleged Avila fatally beat Nicolas while Avila was baby-sitting Nicolas and his 4-year-old sibling, and told jurors Avila allegedly told a police detective he beat Nicolas because Avila was jealous of the attention the boy's mother was giving him.
Under a state law that took effect on Sept. 1, Avila's attorneys are seeking a evidentiary hearing, which could lead to a new trial, to present scientific evidence that Nicolas' fatal injuries could have been caused by his sibling as the two were mimicking wrestling moves they had seen on a pay-per-view television event.
This is the third time Avila's execution has been postponed. Avila was initially scheduled to be executed on Dec. 12, 2012, but was rescheduled for April 10 of this year.
After defense attorneys asked for more time to explore scientific evidence, Avila's execution was rescheduled again for July 10. In June, attorneys filed another request to have Avila's execution date postponed while they continued to explore the evidence.

http://www.elpasotimes.com/news/ci_24068795
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