Supreme Court experts reveal unusual delay in Texas death row inmate execution

Delay of Texas Death Row Inmate’s Execution – A Rare Ruling by the Supreme Court

Ruben Gutierrez, a Texas death row inmate, was granted a request to stay his lethal injection just 20 minutes before he was scheduled to be executed. The U. S. Supreme Court granted his request, leaving his fate once again uncertain. The granting of last-minute reprieves for death row inmates by the Supreme Court has been rare. According to experts, a majority of justices have shown skepticism and even hostility to such requests. Here is what you need to know about Gutierrez’s case and the Supreme Court’s history with last-minute requests to stay executions.

The Facts of the Case

Gutierrez was convicted of capital murder for the 1998 killing of Escolastica Harrison in Brownsville, Texas. Prosecutors said the killing was part of an attempt to steal over $600,000 she had hidden in her home. Gutierrez has sought DNA testing for over a decade to prove his innocence, but his request has been denied. Two others were also charged in the case. Prosecutors have argued that the request for DNA testing is a delay tactic. Gutierrez was convicted under Texas’ law of parties, which holds that a person can be held liable for the actions of others if they assist or encourage the commission of a crime.

Supreme Court’s Rare Grant of a Stay

The Supreme Court’s decision to grant Gutierrez a stay of execution is a rare ruling. According to Robin M. Maher, Executive Director of the Death Penalty Information Center, out of 26 requests to stay executions that were submitted last year, only one was granted. A 2023 analysis by Bloomberg Law found that of the 270 emergency stays filed by death row inmates in the U. S. between 2013 and 2023, only 11, or 4%, were granted by the high court.

The Psychological Toll on Gutierrez

Gutierrez’s attorney, Shawn Nolan, has stated that being minutes away from execution on two separate occasions within the last four years has taken a psychological toll on Gutierrez. Furthermore, Maher has argued that what Gutierrez has experienced is a form of torture. Gutierrez spent part of Tuesday with his family, with the belief that it was the final time he would be able to see them.

The Frustration of the Victim’s Family

Alex Hernandez, Harrison’s nephew, has expressed frustration with the delay stating, “It’s already been over two and a half decades waiting for this to happen.” Harrison’s family and Cameron County District Attorney Luis Saenz are also among those expressing frustration with the delay. Maher has said she understands the frustration of the victim’s family but argues that the delay is necessary to potentially allow for the DNA testing so “that no one is executed that doesn’t deserve that sentence.”

The Supreme Court’s Hostility to Last-Minute Requests

The Supreme Court’s majority has demonstrated skepticism and hostility toward last-minute requests for death row inmates. In a 2019 ruling, Supreme Court Justice Neil Gorsuch wrote, “Last-minute stays should be the extreme exception, not the norm.” Maher has said that the Court’s attitude toward these requests has been used by state prosecutors in pro-death penalty states to push back against efforts to give inmates and their lawyers more time in their cases.

The Opportunity for New Evidence

By granting Gutierrez a stay of execution, the Supreme Court is giving his attorneys an opportunity to try and convince other actors in the state to allow for the DNA testing that they have been seeking for years. Nolan says that this stay of execution allows for the chance to prove Gutierrez’s innocence. If the Supreme Court accepts the case, it will be argued before the justices. If the Court declines it, the stay will be vacated, and the prosecutors could ask the trial judge in the case for a new execution date. By Texas law, a new date would have to be set three months out from when a judge would enter a new order.

Conclusion

The granting of a stay of execution for Ruben Gutierrez is a rare occurrence. The Supreme Court has shown skepticism and hostility toward last-minute requests by death row inmates. This stay of execution gives Gutierrez’s attorneys an opportunity to prove his innocence with DNA testing that they have been seeking for years. While frustrating to the victim’s family, the delay may be necessary to ensure that no one is executed that doesn’t deserve that sentence. The Supreme Court has the opportunity to review this case and potentially make a significant impact on the lives of those involved.

Originally Post From https://abcnews.go.com/US/wireStory/delay-texas-death-row-inmates-execution-norm-supreme-112044338