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El Paso death row inmate could get new trial

Published On: Sep 08 2013 07:21:27 PM CDT   Updated On: Jan 16 2014 01:50:32 PM CST

Robert Avila could get a new trial

EL PASO, Texas -

A new state law is giving hope to an El Paso man on death row, convicted of killing a baby boy more than ten years ago.

The Texas Tribune reports that on Wednesday a judge will hear arguments, then rule on whether or not Robert Avila should get a new trial.

Avila was ordered to be executed back in 2001 after a jury concluded he stomped and killed his girlfriend's 19-month-old baby boy. Since that time Avila along with the help of others, have maintained his innocence. They suggest the baby's four-year-old brother, who they claim was fixated on televised wrestling, may have been responsible.

Texas lawmakers approved senate bill 344 last session in the wake of dozens of overturned convictions based on developments in forensic science. The bill allows for courts to grant defendants new trials in cases where forensic science has evolved.

El Paso County District Attorney Jaime Esparza said he was sure Avila was responsible for the baby's death, the Tribune reports saying, "I believe the jury's verdict is a good verdict." 


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