BRYAN, Texas -- Closing arguments expected Monday for a second Texas inmate on trial over a guard’s death during a 2007 escape attempt have been delayed again.
Prosecutors have appealed a ruling that rejected their challenge to jury instructions working in the Bryan capital murder trial of John Falk Jr. He’s charged in the death of Wynne Unit Officer Susan Canfield.
Prosecutors seeking the death penalty lost their appeal last Wednesday before the 10th Court of Appeals, then Friday appealed to the Texas Court of Criminal Appeals.
Attorneys for Falk and the judge who approved the jury instructions have 10 days to respond.
Canfield was thrown from a horse hit by a truck driven by inmate Jerry Martin. He’s on death row for the slaying. Falk is charged with being equally responsible.