Lopez back in court to challenge death penalty decision - KYTX CBS 19 Tyler Longview News Weather Sports

Lopez back in court to challenge death penalty decision

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By Jimmy Isaac - email

TYLER (KYTX) - Capital murder suspect Simon Lopez was in a Smith County courtroom Friday morning for a status hearing pending his upcoming trial. 

The hearing focused on the legality of the state's decision to seek the death penalty against Lopez for allegedly beating 1-year-old Jeremy Silva to death in November of 2010.

Lopez's attorney, James Hagen, told Judge Kerry Russell he expects to file a motion challenging that decision based on the circumstances under which Lopez was brought back from Mexico in 2011. Hagen said he believes federal agents engaged in "collusion" with the Mexican government to get around a treaty which forbids the use of the death penalty on anyone extradited from Mexico. 

District Attorney Matt Bingham and Assistant District Attorney Cynthia Kent argued that Lopez was not extradited, but simply deported, allowing the state to seek the death penalty. 

Hagen faces a deadline of September 27 to file any motions challenging the possibility of the death penalty in Lopez's case.

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