Judge declares mistrial in prison guard murder - KXXV-TV News Channel 25 - Central Texas News and Weather for Waco, Temple, Killeen |

Judge declares mistrial in prison guard murder

BRYAN, Texas (AP) - A judge has declared a mistrial in the case of a Texas prisoner who faced a possible death sentence if convicted of a 2007 escape attempt that left a corrections officer dead.

State District Judge Ken Keeling ruled Monday that it's an "impossible and unconscionable burden" for Brazos County jurors in Bryan to consider a case that's been on hold for 55 days.

The delays in the trial of John Ray Falk Jr. came as prosecutors appealed Keeling's instructions to the jury.

Walker County District Attorney David Weeks argued that the instructions were too limiting and impeded their efforts to win a death penalty against Falk.

He's the second of 2 inmates accused in the death of officer Susan Canfield outside the Wynne Unit prison in Huntsville.

Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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