Stop the Execution of John Balentine in Texas

Texas Board of Pardons and Paroles & Governor Greg Abbott

John Balentine is scheduled for execution in Texas on February 8, 2023 for the 1998 murders of Edward Caylor, Kai Geyer and Steven Watson.

FLUID SITUATION: As of Feb 8 at 1pm ET - The Court of Criminal Appeals has dismissed Mr. Balentine's new habeas application as an abuse of the writ, and granted the State's petition for mandamus relief against the trial court's order recalling the execution warrant. It is possible that this execution takes place tonight.

Update as of Feb. 6

On January 31, Honorable Steve Denny, Judge of the 320th District Court in Potter County, recalled Mr. Balentine’s execution date and warrant because counsel had not been properly notified that the State had scheduled an execution date for their client. On February 1, Judge Denny reaffirmed his order and denied the State’s Motion for Reconsideration. On Friday, the State asked the Texas Court of Criminal Appeals (CCA) to vacate the district court orders and reinstate Mr. Balentine’s February 8 execution date.

See details and links here.

Citing Newly Discovered Evidence of Racial Bias and Juror Misconduct, Balentine Asks Texas Courts to Stay His Feb. 8 Execution

Filing: Jury foreperson used the “N-word,” thought Black people were dangerous, and bullied jurors who supported a life verdict. Racial issues pervaded the entire trial, including defense counsel saying a death sentence would be “justifiable lynching.”

On January 30, 2023, pointing to newly discovered evidence that racial bias and other serious misconduct affected the jury’s deliberations in his case, Mr. Balentine asked the CCA to allow him to file a new motion for post-conviction relief and stay his February 8 execution.  

“Racism and racial issues pervaded John Balentine’s capital trial. Prosecutors used their peremptory challenges to remove all prospective Black jurors and defense counsel referred to the sentencing proceedings as a ‘justifiable lynching.’ We now know that the jury foreperson held racist views, lied about his background, and pressured other jurors to vote for death,” said Shawn Nolan, one of Mr. Balentine’s attorneys.

“This kind of juror misconduct would be egregious in any case, but it is particularly damaging in a death penalty case already rife with racial issues,” said Mr. Nolan.


Texas' aggressive execution schedule marks it as an outlier in its use of the death penalty while the majority of other states are on a downward trend of executions. In the last few years, Texas has been one of only a handful of states that have carried out death sentences - and it continues to do so targeting the poor, the mentally ill and people of color.

Please sign the petition asking Governor Abbott and the Texas Board of Pardons and Paroles to do everything within their power to stop this execution, including issuing a stay, and seeking a path to clemency in the case.

Additionally, you may reach out now to the Board at bpp_clemency@tdcj.texas.gov and the Governor at https://gov.texas.gov/contact/and (512) 463-1782. You can simply leave a voice message, or choose to speak to a representative if you prefer.

Please note: In Texas, the Governor does have limited power when it comes to the death penalty. But the story we are told that "it's out of the governor's hands," is only true if we allow it to be. Yes, the Texas Board of Pardons and Paroles must recommend clemency in that state in order for the Governor to grant clemency (mercy) by commuting a death sentence. But the fact is that the governor appoints the members of the Board of Pardons and Paroles. He can choose to appoint members who will take valid claims and concerns more seriously, instead of acting like rubber-stamping gate-keepers. He can still use his position of power and influence to enact justice in the State of Texas.  

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To: Texas Board of Pardons and Paroles & Governor Greg Abbott
From: [Your Name]

We are writing to ask that you to stop the February 8, 2023 execution of John Balentine for the 1998 murders of Edward Caylor, Kai Geyer and Steven Watson.

The jury foreperson used the “N-word,” thought Black people were dangerous, and bullied jurors who supported a life verdict. Racial issues pervaded the entire trial, including defense counsel saying a death sentence would be “justifiable lynching.” Executing anyone with evidence of racism at the heart of their conviction is an outrage and must be stopped.

We are further concerned that while the vast majority of states with capital punishment continue on a downward trend of executions, Texas has continued to go against trend by carrying on an aggressive execution schedule - targeting the poor, the mentally ill and people of color.

We, the undersigned, ask that you do everything within your power to stop this execution, including issuing a stay, and seeking a path to clemency in the case.

Thank you for time and attention to this urgent and serious matter.