The court approved the death sentence of David Renteria, a Texas inmate convicted for the November 2001 abduction and suffocation of a five-year-old girl, Alexandra Flores, and scheduled for execution on Thursday evening.
The prosecutors reported that Flores was strolling at a Walmart store with her family for Christmas shopping when Renteria abducted her. Flores' body was found the next day in an alley 16 miles (26 km) from the store.
Court Approves Renteria's Death Sentence
In August, state District Judge Monique Reyes in El Paso permitted a request to reschedule Renteria's execution and ordered prosecutors to turn over their files in the case.
The Texas Court of Criminal Appeals later repealed Reyes' orders.
On Tuesday, the Texas Board of Pardons and Paroles voted 7-0 against reducing Renteria's death sentence to a lesser penalty. Board members also voted and rejected granting a six-month acquittal.
Renteria's attorneys filed an appeal asking the state and federal court to terminate the execution. However, the appeal was unsuccessful, and the execution was already set for Thursday at the state prison in Huntsville.
The attorneys argued that they had been denied access to the prosecution's file on Renteria, which they discussed violated his constitutional rights. The legal team said that the trial hindered the investigation into proving Renteria's claims that gang members were responsible for the girl's death.
Renteria was accused of patrolling around the store for about 40 minutes before aiming to abduct the girl, which was shown in the surveillance video that he followed Renteria out of the store.
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Renteria's Delayed Execution in 2006
The Texas Court of Criminal Appeals junked Renteria's death sentence in 2006 due to the prosecutors providing misleading evidence that gave jurors the impression Renteria was not remorseful.
Renteria's attorneys argued that Renteria was remorseful and said that Renteria expressed his sympathy towards the girl's family. He said that the death of the girl was a tragedy that should have never happened.
The appeals court recognized the statement of Renteria as remorseful, which minimized his responsibility for the offense.
Furthermore, Renteria claimed that a member of the Barrio Azteca gang named "Flaco" forced him to take the girl by making threats to his family and said he did not kill the girl.
However, prosecutors found blood in Renteria's van that matched the girl's DNA. Renteria's palm print was also found on a plastic bag that was used to cover the head of the girl before she was burned to death.
The prosecutors said that Renteria was already convicted as a sex offender during the killing of the girl.
In 2008, a resentencing trial occurred, and Renteria was again sentenced to death.
Renteria would be the eighth inmate in Texas to be put to death this year. Furthermore, Renteria would receive a lethal injection execution, which resulted in 23 executions this year in the US.