But he does argue that he received a fair sentencing stage in his trial, as well as arguing that he did not have effective assistance of counsel and that the State failed to advise him of his right to talk to Mexican consular officials. A clemency petition on Flores' behalf was denied Wednesday by the the Texas Board of Pardons and Paroles. Appeals still were pending Wednesday before the U.S. Supreme Court.
Death is the ultimate punishment.
Flores, who was born in Juarez, Mexico, is among 19 Mexican nationals currently awaiting execution in Texas and one of 45 Mexican nationals awaiting execution nationwide. Among the points being argued by Flores' attorneys is the fact that a psychologist who testified that Flores would be a continuing threat to society during the punishment phase of his trial had never before met with the inmate. Dr. Clay Griffith reportedly used the facts of the crime and Flores' conduct during trial to make his determination. Steve Cross, the former Hutchinson County district attorney who prosecuted Flores, said not only was the punishment fitting of Flores' crime, it was one arrived at fairly. Flores' attorneys, Allen R. Ellis of Mill Valley, Calif., and Elizabeth A. Cohen of Austin, were unavailable for comment.