Texas Man Scheduled to Be Executed Despite Longstanding Requests for DNA Testing

The Crime

Ruben Gutierrez, a Texas man, was sentenced to the death penalty in 1998 for the killing of 85-year-old Escolastica Harrison. Harrison was a retired teacher and manager of a mobile home park in Brownsville, Texas. Prosecutors contended that Gutierrez killed Harrison during an attempted robbery, during which he was attempting to steal over $600,000 which had been hidden in Harrison’s home due to her mistrust in banks.

DNA Testing and Appeals

Despite being on death row for over two decades, Gutierrez has maintained his innocence and requested DNA testing numerous times. His team of attorneys argue that there is no physical evidence linking him to the crime. Gutierrez’s requests for DNA testing have been repeatedly denied by the Texas court system. Most recently, Gutierrez’s legal team has petitioned the US Supreme Court to halt his execution, citing that his right to post-conviction DNA testing was denied. The team argues that crucial pieces of evidence found at the crime scene, including a loose hair found wrapped around Harrison’s finger and blood samples recovered from her home, have never been tested.

The Argument for DNA Testing

Gutierrez’s legal team argues that if DNA testing were performed on the evidence found at the crime scene, it would prove Gutierrez’s innocence and prevent a wrongful execution. Additionally, Gutierrez’s case is similar to another Texas death row inmate, Rodney Reed, whose case was sent back to a lower court after he was granted the opportunity to argue for DNA testing. Gutierrez’s legal team contends that the same opportunity should be granted to their client.

Prosecutors’ Arguments Against DNA Testing

Prosecutors argue that Gutierrez’s case has already been thoroughly examined and that his request for DNA testing is simply another delay tactic to postpone his execution. The prosecution maintains that Gutierrez’s guilt has been proven by various pieces of evidence, including his confession that he was involved in the planning of the robbery and was present inside Harrison’s home when she was killed. Furthermore, prosecutors argue that even if DNA testing were performed, it would not exonerate Gutierrez because he was convicted under Texas’ law of parties, which allows a person to be held liable for the actions of others if they assist or encourage the commission of a crime.

Conclusion

Last week, the Texas Board of Pardons and Paroles voted against commuting Gutierrez’s death sentence or granting a 90-day reprieve. Gutierrez’s execution is scheduled for Tuesday, despite his legal team’s plea to the US Supreme Court to halt the proceedings. The controversy surrounding Ruben Gutierrez’s case highlights the ongoing debate surrounding the use of DNA testing to prove innocence and prevent wrongful executions.

Originally Post From https://abc13.com/post/ruben-gutierrez-faces-planned-lethal-injection-1998-stabbing/15062639/

Texas man’s execution looms over 1998 murder of elderly woman for money