The U.S. Supreme Court has decided not to intervene in the execution of Victor Saldaño, convicted of murder during a 1996 robbery in Texas. Despite support from both defense and state experts who considered him intellectually disabled, Saldaño faces execution due to earlier oversights by his defense team in not raising this issue at trial.
Saldaño, an illegal immigrant at the time of the crime, became the focus of the Texas Office of Capital Forensic Writs. This state public defender’s office identified his IQ as 74. This score could potentially exempt him from execution under existing laws.
Ben Wolff, leading the Forensic Writs office, conducted further investigation in Argentina, where Saldaño grew up. Interviews with locals, including family and teachers, suggested that Saldaño exhibited delusional behavior, struggling with basic tasks such as crossing the street safely.
Initially, Texas prosecutors agreed that Saldaño should not face the death penalty based on these findings. However, the Texas Court of Criminal Appeals ruled otherwise, prompting an appeal to the Supreme Court.
On Monday, the Supreme Court declined to hear the case with a 6-to-3 decision, the court’s liberals dissenting. Following this decision, Saldaño’s attorneys vowed to continue their efforts against the execution.
“Every expert who has evaluated Mr. Saldaño agrees he’s intellectually disabled,” Wolff stated. “While Texas previously pursued his execution, the state now acknowledges that he meets the criteria for intellectual disability. The refusal of the court to consider our substantial evidence is disappointing, as the U.S. Constitution prohibits executing those who are intellectually disabled.”