Thursday March 25th 2010, Texas.

Roger's death sentence has been set aside, with Judge Harmon granting relief on the basis of the Penry claim, thus removing the death sentence. As things now stand Roger cannot be executed, but his conviction, however, remains. More litigation is expected.-

Roger’s file is back in the Federal District Court for the Southern District of Texas, where new evidence and testimonies will be presented later this year.

After the Texas State Court reviewed the file, the Texas Court of Criminal Appeals (CCA) refused our request to return to State Court in order to present new evidence of Roger’s innocence and of irregularities during his trial.

Good news! The Federal District Court has sent Roger’s case back to the Texas State Court for review. Had this not happened, Roger would very likely have received an execution date.

As of March, 2008, Roger’s case is in the Federal District Court where a Writ of Habeas Corpus for appeal has been submitted.

Roger’s attorney asked the Texas Court of Criminal Appeals (CCA) to return his case t the State Court system for review. This will allow him to present new issues that are currently being blocked because of procedural problems. Those issues were uncovered when Roger’s friends funded an investigation into his case.. But because those issues were not known earlier and therefore had not been mentioned in Roger’s first State ofHabeasappeal, they cannot be raised in theFederal District Court. If, however, the case is allowed to return to the State level, a new State Writ of Habeas Corpus for appeal can be submitted that would include al the new issues.

Those issues deal, among other things, with Roger’s actual innocence, and with recently uncovered information that the State appears to have wrongfully withheld exculpatory evidence from Roger’s trial attorneys.