BRYAN, Texas A judge has declared a mistrial in the case of a Texas prisoner who faced a possible death sentence if convicted of a 2007 escape attempt that left a corrections officer dead.

State District Judge Ken Keeling ruled Monday that it s an impossible and unconscionable burden for Brazos County jurors in Bryan to consider a case that s been on hold for 55 days.

The delays in the trial of John Ray Falk Jr. came as prosecutors appealed Keeling s instructions to the jury.

Walker County District Attorney David Weeks argued that the instructions were too limiting and impeded their efforts to win a death penalty against Falk.

He s the second of two inmates accused in the death of officer Susan Canfield outside the Wynne Unit prison in Huntsville.

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