Texas | Death row inmate appeal denied, execution to be scheduled

BROWNSVILLE, Texas (CBS 4) — The Court of Criminal Appeals denied a post-conviction DNA test and lifted an order temporarily staying the execution of death row inmate Ruben Gutierrez.

Gutierrez was convicted of the heinous murder of 85-year-old Escolastica Harrison of Brownsville.

After 22 years of waiting, Harrison's family wants justice for her death. "I mean every murder is brutal but, my God so much blood," said Harrison's nephew, Alex Hernandez. However, days like today, the family says they are forced to re-live the tragedy again. "Three or two men subduing her in a room, in a small room stabbing her multiple times with screwdrivers. Seriously?" explained Hernandez.

Gutierrez has been awaiting his execution that was postponed in fall 2019, "We want justice served, we need it done already. There's no reason to wait any longer," Hernandez said.

The execution was postponed due to an error made by then Cameron County District Clerk, Eric Garza.

"The district clerk at that time failed to affix a seal next to the judge's signature," Cameron County District Attorney, Luis Saenz said.

That error created a snowball effect, which allowed Gutierrez to file a motion to request DNA testing. However, his request was denied by the Court of Appeals.

"The court found the defendant, Gutierrez, did not meet the requirements to be entitled for DNA testing. So they denied that request and number two, they lifted the stay of execution," Saenz said the case is back on track.

"Tomorrow morning we will immediately be asking...the trial court judge to issue another execution date for the case," explained Saenz.

Harrison's sister, Estela Cuellar Perez, said the entire process has been emotionally draining. "I have been ready for justice a long time ago. I would like to see it served because, I would like to have some peace of mind. I'm 93 years old and I wouldn't want to feel like I didn't do anything for my sister," said Perez.

District Attorney Saenz said Gutierrez's execution date is expected to be set in late June.

Source: valleycentral.com, Staff, February 27, 2020

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