Tuesday, Senior District Judge John Delaney ruled against a motion filed by John Ray Falk, Jr.’s defense attorneys barring a retrial at the courthouse in Brazos County.
The action opens the way for a retrial in Falk’s capital murder case. The Texas inmate is accused of being a party to the murder of correctional officer Susan Canfield during a prison escape attempt in Huntsville in 2007. The state will again seek the death penalty. Falk’s attorneys will appeal Judge Delaney’s ruling.