WACO, Texas - A state appeals court is hearing arguments on whether jurors about to deliberate a verdict in a capital murder case can find the defendant was a party to the death of a corrections officer and not just a conspirator.
Walker County prosecutors are appealing Monday to the 10th Court of Appeals in Waco the wording of the jury charge in the case of John Falk Jr. He's charged with capital murder in the 2007 death of Susan Canfield outside the Wynne Unit prison in Huntsville. She was fatally hurt during an escape attempt involving Falk and another inmate, Jerry Martin.
Final arguments in Falk's trial, moved to Bryan, have been stalled until the jury charge issue is resolved. Prosecutors want to seek the death penalty against Falk if he's convicted.