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Cesar Roberto Fierro (born October 18, 1956) is a Mexican national who spent nearly 40 years on
death row Death row, also known as condemned row, is a place in a prison that houses inmates awaiting execution after being convicted of a capital crime and sentenced to death. The term is also used figuratively to describe the state of awaiting execution ( ...
in
Huntsville, Texas Huntsville is a city in and the county seat of Walker County, Texas. The population was 45,941 as of the 2020 census. It is the center of the Huntsville micropolitan area. Huntsville is in the East Texas Piney Woods on Interstate 45 and home t ...
, United States, for the 1979 death of a cab driver in
El Paso El Paso (; "the pass") is a city in and the seat of El Paso County in the western corner of the U.S. state of Texas. The 2020 population of the city from the U.S. Census Bureau was 678,815, making it the 23rd-largest city in the U.S., the ...
. His death sentence was vacated in December 2019 due to inadequate jury instructions during his trial, and he was released on parole in May 2020.


Early life

Fierro grew up poor and served as the primary caretaker for his younger brother, Raul, who had a developmental disability.


Death of Nicholas Castanon

In February 1979, Texas law enforcement found the body of taxi driver Nicholas Castanon. Mexican police found his cab in Ciudad Juárez. The
El Paso Police Department El Paso Police Department (EPPD) is the principal law enforcement agency serving El Paso, Texas, United States. As of Fiscal Year 2014, the agency had an annual budget of more than $118 million and employed around 1,300 personnel, including appro ...
arrested two men suspected of the crime who were later released. In late July, Geraldo Olague told Mexican police in Juárez that he and Fierro had planned to rob Castanon. He also told police that during the robbery, Fierro had shot and killed the taxi driver. The circumstances under which Olague came into contact with the police are unknown. The police in Juarez notified the El Paso police, who traveled to Juarez to arrest Fierro. Fierro was 23 years old at the time of the shooting. He was convicted of capital murder on February 15, 1980, and sentenced to death. The criminal case against him has been controversial because Mexican police in Ciudad Juárez arrested his parents and threatened to torture them unless he confessed. Speaking about the El Paso police, Fierro said: "He told me if I signed, then they'd let them go, and if not, they were going to torture them." At Fierro's trial, Juárez and El Paso police denied any wrongdoing. No physical evidence has linked Fierro to the shooting. The conviction was based on his confession and the testimony of a "psychologically impaired" 16 year old.


Subsequent legal proceedings

Judge
Sharon Keller Sharon Faye Keller (born August 1, 1953) is the Presiding Judge of the Texas Court of Criminal Appeals. She is a Republican. Education and early career Born in Texas, Keller graduated from Rice University in Houston in 1975 with a major in p ...
wrote the majority opinion for the
Texas Court of Criminal Appeals The Texas Court of Criminal Appeals (CCA) is the court of last resort for all criminal matters in Texas. The Court, which is based in the Supreme Court Building in Downtown Austin, is composed of a Presiding Judge and eight judges. Article V of ...
, calling the circumstances of the coerced confession a "harmless error". In 2003, the
International Court of Justice The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordanc ...
issued a preliminary injunction against the United States, ordering that Fierro not be executed while the Avena case was pending. Fierro was imprisoned in the W.J. Estelle Unit. His sentence was vacated on December 19, 2019. Prosecutors indicated they would not seek another death sentence. Fierro was resentenced to life in prison, and released on parole on May 14, 2020. He returned to live with family in Mexico.


Notes


References

* * * * * * * 1956 births Criminals from Texas 21st-century Mexican people People from El Paso, Texas Living people Prisoners sentenced to death by Texas {{Crime-stub Mexican people imprisoned abroad Mexican people convicted of murder Mexican prisoners sentenced to death People convicted of murder by Texas People paroled from life sentence