Stephen Barbee, the Fort Worth man on Death Row for killing his pregnant ex-girlfriend and her 7-year-old son in 2005, has lost an appeal to the Texas Court of Criminal Appeals.Barbee, 46, was condemned for suffocating Lisa Underwood and her son, Jayden, at their home in Fort Worth in February 2006. Both were found buried in a shallow grave in Denton County.Barbees appellate attorneys had argued that he was deprived of a fair trial because of a secret deal between Barbees trial attorney, Billy Ray, and then-state District Judge Bob Gill.In August, state District Judge Louis Sturns, who conducted a hearing on the appeal, stated that he would recommend to the appeals court that Barbee be denied relief on his conflict of interest claim.The high court, in an order released Wednesday, stated, We adopt the trial courts findings and conclusions.During Barbees trial, prosecutors said he didnt want his wife of four months to know that Underwood was seven months pregnant, presumably by him. But DNA evidence at his 2006 trial revealed Barbee wasnt the father.An execution date has not been set for Barbee. This report includes material from Star-Telegram archives.
Bill Miller, 817-390-7684 Twitter: @Bill_MillerST