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Texas Attorney General's Office Fights to Keep Convicted Murder on Death Row

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KYRA PHILLIPS, CNN ANCHOR: A death row inmate in Texas could go free in a matter of days because the state missed a court-ordered deadline, but the Texas attorney general's office is fighting to keep the convicted murderer from being released.

Details from CNN national correspondent Tony Clark.

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TONY CLARK, CNN NATIONAL CORRESPONDENT (voice-over): In a court filing Thursday, the Texas Attorney General's Office called death row inmate Calvin Burdine, quote, "a genuine danger to the public" and asked the Fifth Circuit Court of Appeals in New Orleans to keep him in prison pending an appeal.

Burdine was convicted and sentenced to die for a 1983 murder and robbery. His execution has been stayed six times. Burdine's conviction was later overturned because the attorney who originally represented him slept though portions of the trial.

ROBERT MCGLASSON, BURDINE'S ATTORNEY: The real issue that all this has raised and that all of this, you know, brings to light is what in, you know -- what in goodness is the state of Texas have to -- you know, what business is it for them to be seeking to set a rule, a precedent that suggests that lawyers can sleep through a criminal -- capital criminal defendant's trial and there be nothing unconstitutional with that.

CLARK: Texas was given 120 days to retry Burdine. When no new trial was set, the court ordered Burdine freed.

MCGLASSON: I think the law is very clear. The state of Texas made a mistake, they -- they have to live with the consequences, and the consequences are -- under the law are that Mr. Burdine be released.

CLARK: In a filing, the Texas Attorney General's Office called the missed deadline for a new trial "a regrettable mistake," adding, "that error does not justify releasing a convicted murderer."

If the Fifth Circuit grants the state's request, Burdine will likely stay on death row until a new trial can be held. If the court turns Texas down, Calvin Burdine could be set free by Monday. Tony Clark, CNN, Dallas.

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