A man on death row in Texas is appealing his sentence to the U.S. Supreme Court, arguing that a video clip of him chatting with a Comedy Central comedian was used improperly as evidence against him during his trial.
in the U.S. While at the jail, he also spoke with several people off-stage, riffing with them about their lives in jail and their plans for when they got out. One of the people he chatted up on camera was Gabriel Hall, who was at the time awaiting trial for murder.
A few months after the taping, Hall was found guilty of 2011 killing of Ed Shaar, an elderly Navy veteran. Hall, 18 at the time of the crime, confessed to attacking Shaar and his wife Linda at random, sneaking into their house and stabbing Shaar nearly to death before shooting him in the face at close range. Hall also stabbed Shaar’s wife, Linda Shaar, who was in a wheelchair.
Although video of Hall talking with Ross did not make the special, prosecutors subpoenaed Comedy Central for it and showed a clip to the jury during the punishment phase of Hall’s trial. According to court records, the footage showed Ross talking with Hall and two other incarcerated people around a table. “What are you in for? Hacking somebody’s computer?” Ross asked Hall at one point, making a racist joke about Hall’s Filipino background.
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