On March 22, the Cherrys posted a Facebook video stating:
Paul Storey’s execution will not bring our son back, will not atone the loss of our son, and will not bring comfort or closure. 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.
Christy Jack, a former Tarrant County prosecutor who worked on the case, now insists the Cherrys knew about Porter's plea deal. Jack also said to WFAA ABC News that the Cherrys told her they opposed the death penalty, but still "supported the decision to move forward with the trial and seeking the death penalty."
Further complicating Storey’s sentence is the fact that a juror on the case said he did not understand jury instructions, and would have voted differently if given more information. He didn't realize at the time that his vote alone could have blocked the jury from handing down a death sentence. That juror, Sven Berger, along with at least two state lawmakers, are fighting to change jury instructions in future death penalty cases.
The Texas Court of Criminal Appeals, the state's highest criminal court, sent Storey's case to a lower court to make recommendations about whether he should receive a new trial and, ultimately, the opportunity for a new sentence.
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