 Leading up to his execution, however, the United States Supreme Court denied the defense counsel's plea, arguing that Gonzalez would no longer be a future threat to society, which is a legal finding required to impose and act upon the death sentence. According to the Texas Attorney General's Office, if the testimony from Dr. Draipen, who examined Gonzalez's mental state before the trial and leading up to his execution, was cleared from the slate, the punishment would still remain the same.