By Canadian Press

Texas executes inmate who fought prayer, touch rules

Oct 5, 2022 | 6:00 PM

HUNTSVILLE, Texas (AP) — A Texas death row inmate whose case redefined the role of spiritual advisers in death chambers nationwide was executed Wednesday, despite the efforts of a district attorney to stop his lethal injection.

John Henry Ramirez, 38, was executed at the state penitentiary in Huntsville. He was convicted of killing 46-year-old Pablo Castro in 2004, as he took out the trash while working at a convenience store in Corpus Christi.

Prosecutors said Ramirez robbed Castro of $1.25 then stabbed him 29 times. Castro’s killing took place during a series of robberies conducted by Ramirez and two women following a three-day drug binge. Ramirez fled to Mexico but was arrested 3 1/2 years later.

Ramirez challenged state prison rules that prevented his pastor from touching him and praying aloud during his execution, saying his religious freedom was being violated. That challenge led to his execution being delayed as well as the executions of others.

In March, the U.S. Supreme Court sided with Ramirez, saying states must accommodate the wishes of death row inmates who want to have their faith leaders pray and touch them during their executions.

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On Monday, the Texas Board of Pardons and Paroles unanimously declined to commute Ramirez’s death sentence to a lesser penalty. According to his attorney, Ramirez had exhausted all possible appeals and no final request to halt the execution was filed with the U.S. Supreme Court.

The lead prosecutor at Ramirez’s trial in 2008, Mark Skurka, said it was unfair that Ramirez had someone praying over him as he died when Castro didn’t have the same opportunity.

“It has been a long time coming, but Pablo Castro will probably finally get the justice that his family has sought for so long, despite the legal delays,” said Skurka, who later served as Nueces County district attorney before retiring.

Ramirez’s attorney, Seth Kretzer, said while he feels empathy for Castro’s family, his client’s challenge was about protecting religious freedoms for all. Ramirez was not asking for something new but something that has been part of jurisprudence throughout history, Kretzer said. He said even Nazi war criminals were provided ministers before their executions after World War II.

“That was not a reflection on some favor we were doing for the Nazis,” Kretzer said. “Providing religious administration at the time of death is a reflection of the relative moral strength of the captors.”

Kretzer said Ramirez’s spiritual adviser, Dana Moore, was also allowed to hold a Bible in the death chamber, which hadn’t been permitted before.

Ramirez’s case took another turn in April when current Nueces County District Attorney Mark Gonzalez asked a judge to withdraw the death warrant and delay the execution, saying it had been requested by mistake. Gonzalez said he considers the death penalty “unethical.”

During a nearly 20-minute Facebook live video, Gonzalez said he believes the death penalty is one of the “many things wrong with our justice system.” Gonzalez said he would not seek the death penalty while he remains in office.

He did not return a phone call or email seeking comment.

Also in April, four of Castro’s children filed a motion asking that Ramirez’s execution order be left in place.

“I want my father to finally have his justice as well as the peace to finally move on with my life and let this nightmare be over,” Fernando Castro, one of his sons, said in the motion.

In June, a judge declined Gonzalez’ request to withdraw Wednesday’s execution date. Last month, the Texas Court of Criminal Appeals declined to even consider the request.

Ramirez was the third inmate put to death this year in Texas and the 11th in the U.S. Two more executions are scheduled this year in Texas, both in November.

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Lozano reported from Houston.

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Follow Juan A. Lozano on Twitter: https://twitter.com/juanlozano70

Juan A. Lozano And Michael Graczyk, The Associated Press