Four days before he was set to die, the Texas Court of Criminal Appeals on Friday halted the execution of a man convicted in a 2004 Fort Worth home robbery and murder. Itโs the second time heโs had an execution taken off the schedule this year.
Tilon Carter, 37, filed a late appeal to the court Monday claiming the prosecution used false evidence at trial that the victim, 89-year-old James Tomlin, died partially from being smothered. Carter has maintained that he never intentionally killed Tomlin and was therefore ineligible for a death sentence.
The Court of Criminal Appeals issued an order Friday afternoon staying the execution while the judges look into the case. His death was set for Tuesday evening. It would have been the fifth execution in Texas this year.
After Tomlinโs death in April 2004, Carter confessed to police that he and LaKeitha Allen broke into Tomlinโs home, bound him with duct tape and robbed him, according to court filings. But he claims he didnโt smother Tomlin and left him bound but alive and talking. The Tarrant County medical examiner testified during trial that Tomlin died partially from smothering, but also from positional asphyxia, meaning he suffocated after being left in a dangerous position unable to move.
In his new appeal, Carterโs attorney cited โnew evidenceโ of other pathologists who disagreed that Tomlin was smothered.
โWhile the experts disagreed on the ultimate causeโwhether Mr. Tomlinโs death was caused by positional asphyxiation or a cardiac eventโthey unanimously agreed that the evidence does not show that Mr. Tomlinโs death was the result of intentional smothering,โ wrote Raoul Schonemann, Carterโs attorney, in his latest response to the court.
The Tarrant County Criminal District Attorneyโs Office argued Wednesday that Carterโs arguments were barred from examination because the issue should and could have been raised at an earlier time in his appeals process.
The county also argued that gathering new expert opinions doesnโt qualify as โnew scientific evidence,โ which is one thing an appeals court can review after initial appeals in a death penalty case.
โMere disagreement among expertsโ opinions that could have been found at the time of [Carterโs] initial โฆ application, or even before his trial, do not amount to new scientific evidence that was previously unavailable,โ wrote Assistant Criminal District Attorney Helena Faulkner.
Read more at texastribune.org.
