Supreme Court Decision on Victor Saldaño’s Execution

The U.S. Supreme Court decided not to halt the execution of Victor Saldaño, who was found guilty of murder in Texas in 1996. Saldaño, judged to be intellectually disabled by both defense and state experts, is considered ineligible for execution under current laws.

Saldaño’s conviction stemmed from a failed robbery attempt that resulted in murder. His initial legal defense did not address his intellectual disability at trial. At the time of the crime, Saldaño was undocumented in the U.S.

The Texas Office of Capital Forensic Writs, a public defender’s office, later handled his case. They identified that Saldaño had an IQ of 74, which could exempt him from execution. Ben Wolff, the office’s director, visited Argentina, Saldaño’s home country. Through interviews, family, friends, and educators described Saldaño as often delusional and unable to follow basic directions.

Despite Texas prosecutors agreeing Saldaño should not face the death penalty, the Texas Court of Criminal Appeals reached a different conclusion. Saldaño’s representation appealed to the Supreme Court, which chose not to hear the case. The outcome from Monday indicates Saldaño may face execution, though his legal team aims to continue their efforts to save him.

The Supreme Court’s decision was 6-to-3, with dissent from its three liberal justices. Wolff stated, “Every expert who has evaluated Mr. Saldaño for intellectual disability agrees he’s intellectually disabled.” He noted the state’s previous pursuit of execution for Saldaño, which they no longer support. Wolff expressed disappointment over the inability to present evidence compelling enough to classify Saldaño as intellectually disabled, prohibiting his execution under the U.S. Constitution.