Judge decides in Lester Bower appeal

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SHERMAN, TX - Convicted quadruple murderer Lester Bower is one step closer to knowing whether or not he'll receive the death penalty.

Just this afternoon, Judge James Fallon submitted his findings to the Court of Criminal Appeals, who will make the final decision on Bower's fate.

In summation, Judge Fallon does not find Lester Bower innocent of the murders, but does recommend that Bower receives a new punishment trial.

During Bower's evidential hearings, defense attorneys presented witnesses who supported the theory that four drug dealers could have committed the murders.

The defense claimed they had new DNA evidence that would exonerate Bower of the crimes.

Prosecutors said those testimonies were hearsay.

Now, Judge Fallon has found that evidence is not compelling enough to prove Bower's innocence.

Grayson County District Attorney Joe Brown says that part is a victory for prosecutors. However, they don't agree that Bower should receive a new punishment trial.

"Ninety nine percent of it is exactly the way we wanted it. The recommendation in regard to this jury charge issue, we think he's wrong on and we'll disagree with him on the next level," Brown said.

Judge Fallon's findings are not the final say. The decision as to whether or not Bower will get a new punishment hearing will go the Texas Court of Criminal Appeals.

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