The capital murder trial of John Ray Falk Jr., accused as an accomplice in a 2007 prison escape which resulted in the death of TDCJ officer Susan Canfield, has been delayed again. The 10th Court of Appeals has delayed the trial until it rules on the state’s objection to instructions that could be given to the jury.
Wednesday afternoon at Blinn College in Bryan, 10th Court of Appeals justices Tom Gray, Rex Davis, and Al Scoggins were expected to hear arguments regarding a writ of mandamus which entails a superior court ordering a lower court to interrupt an ongoing trial until a specific legal issue is resolved. Chief Justice Tom Gray recused himself from the proceeding. He will be replaced by 5th Court of Appeals Justice Douglas Lang. The change is the cause of the rescheduling of the hearing for Monday to the McLennan County Courthouse in Waco.
Prosecutors want to amend the instructions to the jury, which would add to the conditions which could determine Falk’s guilt.
Friday, Judge Ken Keeling will meet with the jury in Bryan and place them in recess until Wednesday morning.