Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

Supreme Court to weigh a Texas death row case after halting execution

The U.S. Supreme Court will hear the case of a Texas man on death row who has long argued that DNA testing would help prove he didn't kill an 85-year-old woman during a home robbery decades ago

Lindsay Whitehurst
Friday 04 October 2024 16:16 BST

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

The U.S. Supreme Court will hear the case of a Texas man on death row who has long argued that DNA testing would help prove he didn't kill an 85-year-old woman during a home robbery decades ago.

The order came down Friday in the case of Ruben Gutierrez, months after the justices stayed his execution 20 minutes before he was scheduled to die by lethal injection.

Gutierrez was condemned for the 1998 stabbing of Escolastica Harrison at her home in Brownsville, on the state's southern tip.

Prosecutors said the killing of the mobile home park manager and retired teacher was part of an attempt to steal more than $600,000 she had hidden in her home because of her mistrust of banks.

Gutierrez has long asked for DNA testing on evidence like Harrison's nail scrapings, a loose hair wrapped around one of her fingers and various blood samples from within her home.

His attorneys have said there’s no physical or forensic evidence connecting him to the killing. Two others were also charged in the case.

Prosecutors said the request for DNA testing is a delay tactic and that Gutierrez's conviction rests on other evidence, including a confession in which he admitted to planning the robbery and that he was inside her home when she was killed.

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. He has had several previous execution dates in recent years that have been delayed.

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in