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Judge to consider retrial in prison guard's death

Published On: May 12 2013 03:06:20 PM CDT
Texas News - Capitol flags
BRYAN, Texas -

(AP) - A judge will consider arguments next month on whether a Texas prison inmate can be retried for the death of a corrections officer.
    
The Eagle of Bryan-College Station reports (http://bit.ly/ZXcWI7 ) Senior District Judge John Delaney has set a June 25 hearing in Bryan in the capital murder case of John Ray Falk.
    
Falk was one of two prisoners involved in a 2007 escape attempt from the Wynne Unit in Huntsville where officer Susan Canfield was killed.
    
State District Judge Ken Keeling in January declared a mistrial after a 55-day delay prompted by a rare appeals motion from prosecutors seeking changes in jury instructions as jurors were to hear closing arguments.
    
The Texas Court of Criminal Appeals eventually ordered the changes. Keeling declared the mistrial, then recused himself from the case.