The U.S. Supreme Court on Monday declined to block the execution of Victor Saldaño, a man convicted in a 1996 Texas murder, leaving in place lower-court rulings that make his death sentence likely to proceed.
Saldaño was convicted in a robbery that turned deadly. His original trial lawyers did not raise an intellectual disability claim. Years later, after his case was taken up by the Texas Office of Capital Forensic Writs—a state public defender office—both defense and state experts concluded Saldaño is intellectually disabled and therefore ineligible for execution under prevailing law.
Lawyers for the Forensic Writs office say testing showed an IQ of 74, within the range that can support a finding of intellectual disability. Ben Wolff, director of that office, traveled to Argentina, where Saldaño was raised, and interviewed neighbors, family members and teachers. According to Wolff, those contacts described episodes of delusion and an inability to grasp basic safety instructions, such as how to cross the street without being hit by a car.
After reviewing the evidence, prosecutors for the state of Texas agreed Saldaño should not face the death penalty. The Texas Court of Criminal Appeals, however, rejected that conclusion, and Saldaño’s lawyers asked the Supreme Court to take up the case.
On Monday the high court refused to hear the appeal. The decision means the earlier rulings stand and Saldaño remains likely to be executed; the court’s action was a 6–3 vote, with the three more liberal justices dissenting.
Wolff said every expert who has assessed Saldaño agrees he is intellectually disabled and noted that even the state now acknowledges he meets the criteria. He called the refusal to allow full consideration of the evidence disappointing and said his team will continue fighting to prevent the execution.