FORT WORTH, Texas — Two former Tarrant County prosecutors lied and committed perjury in a death penalty case more than a decade ago, says District Attorney Sharen Wilson in a rare request for the Texas Court of Criminal Appeals to grant the man a new punishment trial.
Paul David Storey has been on death row since 2008. He was found guilty of fatally shooting a 28-year-old assistant manager of Putt-Putt Golf and Games in Hurst in 2006. Jonas Cherry was shot in the head and legs in a robbery of $150.
The two former prosecutors, Christy Jack and Robert Foran, committed “serious … prosecutorial malfeasance” during Storey’s trial and subsequent appeals, Wilson’s motion says. Jack denies the allegations; Foran couldn’t be reached immediately Tuesday.
Wilson’s motion accuses Jack of lying during the punishment phase of Storey’s trial. Jack told the jury that the victim’s family believed that the death penalty was appropriate for Storey, the motion says, but Cherry’s parents made clear to the prosecutors that they did not want him executed. Jack never disclosed that to the defense attorneys or during any of Storey’s appeals, the motion says.
“In 2008, Ms. Jack and Mr. Foran failed to disclose favorable, material evidence to defense counsel. Ms. Jack compounded this action when she blatantly lied during her closing argument at trial,” Wilson wrote in her motion filed Aug. 17. “Ten years later, Ms. Jack and Mr. Foran compounded that lie even further when they gave perjured testimony to cover up the fact that Ms. Jack had violated Storey’s right to a fair trial.”
Storey’s death sentence was later affirmed during an appeal, and both his state and federal requests for a new trial had been denied.
Jack said in an emailed statement to the Fort Worth Star-Telegram: “This case was appealed to Fifth Circuit Court of Appeals, the Texas Court of Criminal Appeals, and the United States Supreme Court — all of which upheld the death penalty as decided by the jury. I stand by my statements to the jury and my testimony during the hearing. I even went so far as to take — and pass — a polygraph related to the truthfulness and veracity of my testimony.
I faithfully served the citizens of Tarrant County for 24 years and am proud of the work I did at the District Attorney’s Office. I still have the note from the victim’s family, thanking me for speaking on their behalf after the jury returned their unanimous decision for capital punishment. I respect that, with the passage of time, the family has forgiven Paul Storey. Their compassion demonstrates the type of people they are.”
Jack also alleged that this recent filing by Wilson was personal.
“After six weeks into Ms. Wilson’s first term as the District Attorney, my law partner and I – both of whom have children with special needs – resigned,” Jack wrote. “This was an embarrassment to Ms. Wilson and she was publicly criticized for her treatment of working mothers. She has never forgiven me. Unfortunately, I have joined the long list of people whom she has targeted on her way out the door. I am in good company.”
The note from the Cherry family, which was provided to the newspaper, thanks Jack for her hard work and compassion in a difficult case.
Cherry’s parents also wrote a letter in 2017 to the Wilson and Texas Gov. Gregg Abbott asking that Storey’s sentence be reduced.
“Paul Storey’s execution will not bring our son back, will not atone for the loss of our son and will not bring comfort or closure,” the letter stated. “We are satisfied that Paul Storey remaining in prison until his death will assure that he cannot murder another innocent person in the community, and with this outcome we are satisfied and convinced that lawful retribution is exercised concerning the death of our son.”
Storey was originally sentenced to death on April 12, 2017. However, his request for a stay, based on malfeasance from the prosecutor during his trial, was approved.
Now, Wilson has filed a motion that asks for the appeals court to grant Storey a new punishment trial, which could move Storey off of death row. It appears as if this is the first time Wilson has asked for Storey’s sentence to be reconsidered. She could not be immediately reached Tuesday.
“Under these most extraordinary circumstances, Storey should, at the very least, be granted a new punishment trial,” Wilson wrote. “Justice demands it.”
Mike Ware, one of Storey’s defense attorneys, said in a statement that he and his co-counsel are grateful that Wilson has taken this stand.
“It’s not only extraordinary, it is completely unprecedented to my knowledge,” he wrote. “The District Attorney, who is ordinarily a supporter of the death penalty has recognized that the prosecutorial misconduct used to secure the death sentence in this case was so serious that the death sentence that resulted from that misconduct should be vacated.”
This isn’t the first time Jack and Foran’s alleged misconduct has been aired in court. In 2018, Tarrant County Judge Everett Young recommended that Storey’s sentence be changed to life without parole because of the former prosecutors’ actions.
The higher court denied the appeal, despite an impassioned plea from the victim’s parents that asked the court to let him live.
According to his obituary, Cherry had recently been married. He began working for Putt-Putt Golf and Games when he was 16 and majored in business at UTA. He planned to open his first business venture three days after his killing.
“Jonas was known for his kindness and easy-going nature,” the obit read. “He was a loving and devoted husband, son, son-in-law and friend. He endeared himself to all who knew him. He will be deeply missed.”
Storey had previously worked at Putt-Putt Golf and Games. A co-defendant, Mark Devayne Porter, was sentenced to life without parole.
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