The U.S. Supreme Court declined to halt the execution of Victor Saldaño on Monday, despite assessments from both defense and state experts classifying him as intellectually disabled. Saldaño, convicted of murder during a robbery in Texas in 1996, faced execution. His initial defense did not claim intellectual disability at trial.

Saldaño, an undocumented immigrant at the time of the crime, later received attention from the Texas Office of Capital Forensic Writs, a state public defender’s office. They found his IQ to be 74, qualifying him under law as ineligible for execution. Ben Wolff, the director of the Forensic Writs office, traveled to Argentina, where Saldaño was raised, to collect testimonies from neighbors, family, and teachers. They described Saldaño as often delusional and unable to comprehend simple tasks like crossing a street safely.

Prosecutors from Texas, after reviewing the evidence, agreed that Saldaño should not face the death penalty. Nevertheless, the Texas Court of Criminal Appeals disagreed, prompting an appeal to the Supreme Court. On Monday, the appeal was rejected, indicating Saldaño’s execution will likely proceed. His legal team remains committed to fighting this decision.

The Supreme Court’s decision was 6-to-3, with the three liberal justices dissenting. In a statement, Ben Wolff commented, “Every expert who has evaluated Mr. Saldaño for intellectual disability agrees he’s intellectually disabled. The state of Texas, who several years ago sought Mr. Saldaño’s execution, now agrees that he meets the criteria for intellectual disability. It is disappointing that the courts have yet to allow us through the courthouse doors to present what we believe to be overwhelming evidence that Mr. Saldaño is intellectually disabled and, as such, the U.S. Constitution forbids his execution.”