El Paso Man On Death Row Loses Appeal

Nov 21, 2012

The Texas Court of Criminal Appeals has upheld the conviction of an El Paso man sent to death row for fatally shooting his estranged wife and a friend six years ago.

Attorneys for 37-year-old Fabian Hernandez argued jury selection at his 2009 trial and a psychiatric interview by a mental health expert selected by prosecutors was improper. They also contended the trial judge was wrong for excluding evidence about the behavior of Hernandez's wife, Renee.

The state's highest criminal court Wednesday rejected the arguments.

The 28-year-old woman and 24-year-old Arturo Fonseca worked together at a McDonald's. Both were shot to death outside Renee Hernandez's home in November 2006.

Fabian Hernandez still can appeal to the federal courts. He had a long criminal record, including a manslaughter conviction in New Mexico.

Copyright 2012 The Associated Press.