Texas man facing execution for 1998 killing of elderly woman for her money

Ruben Gutierrez is scheduled to be executed in Texas for the murder of 85-year-old Escolastica Harrison in 1998. The victim was a mobile home park manager and retired teacher who was killed in her Brownsville home in an attempted robbery. Prosecutors said she had more than $600,000 hidden in her home due to mistrust of banks. Gutierrez has been fighting for a DNA test for over a decade, which he believes will prove his innocence. But his efforts have been unsuccessful, and he now faces lethal injection.

The Right to Post-Conviction DNA Testing

Gutierrez’s legal team insists that a DNA test of various items found at the crime scene, including nail scrapings from Harrison, a loose hair wrapped around one of her fingers, and different blood samples from within her home, would prove their client’s innocence. They also argue that Gutierrez was denied his right under state law to post-conviction DNA testing, which would have shown he was not eligible for the death penalty.

This case is similar to Rodney Reed’s. The Texas death row inmate had his case sent back to a lower court in 2019 after the Supreme Court ruled he was entitled to argue for DNA testing in his case. Gutierrez’s legal team hopes a similar ruling in their client’s case would grant him a new trial.

The Law of Parties

Gutierrez was convicted under Texas’ law of parties, which says a person can be held liable for the actions of others if they assist or encourage the commission of a crime. Prosecutors presented several pieces of evidence in the case, including a confession in which Gutierrez admitted to planning the robbery and being inside the victim’s home when she was killed.

The Denial of Pleading for DNA Testing

Gutierrez was about to be executed in June 2020 when he was granted a stay by the Supreme Court. His lawyers argued that he had a right to test unexamined DNA evidence that could prove his innocence, but prosecutors claimed that the request was just a delay tactic.

The Controversial Denial

Last week, the Texas Board of Pardons and Paroles voted against commuting Gutierrez’s death sentence to a lesser penalty. The Board also rejected granting a 90-day reprieve. If Gutierrez is executed, he would be the third inmate put to death this year in Texas.

Conclusion

Gutierrez’s case has garnered national attention from people who believe he is innocent and should not be put to death. However, it will ultimately come down to the interpretation of Texas law and the evidence presented at trial.

Originally Post From https://abcnews.go.com/US/wireStory/texas-man-facing-execution-1998-killing-elderly-woman-111980191

Texas man faces execution for murdering elderly woman for her money