KCBD received a text message from Rachel Urnosky's father, Terry, moments after Cleve Foster's execution was delayed for the third time by the U.S. Supreme Court:
"At this moment we are indeed saddened and sorely grieved that the legal and punishment phase of this tragedy is still not over. My family and I are very appreciative of all of the thoughts and prayers that have helped to sustain us through the past ten years. We are resolved to rebuild our lives as a family and continue to overcome this evil with good. He received another Stay. We just found out."
This latest court ruling came less than three hours before Foster could have been taken to the Texas death chamber.
A Reuters report says the justices gave no reason why they granted the stay and said his execution will be delayed while the court considers his appeal
A criminal district court in Tarrant County scheduled the Sept. 20 execution of Cleve Foster for the 2002 rape and murder of Mary Pal in Fort Worth.
The gun used in Pal's death was also linked to the murder of Texas Tech student and Lubbock native Rachel Urnosky, 22. Foster was charged with Urnosky's murder but never convicted.
Foster escaped lethal injection for Pal's murder in April 2011 when the U.S. Supreme Court blocked his execution just hours before he was scheduled to die.
In January the U.S. Supreme Court blocked Foster's initial execution on an appeal claiming Foster was innocent and had poor legal representation during his trial.
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