Skip to main content

Texas’ highest criminal court emphatically rejects death row inmate Rodney Reed’s claim of innocence

Reed, a Black man on death row for more than 25 years, has gained international support for his claims that he did not kill 19-year-old Stacey Stites, a white woman. Another appeal over DNA testing of evidence is still pending.

The Texas Court of Criminal Appeals denied Rodney Reed a chance for a new trial Wednesday, nearly four years after halting his execution and ordering the trial court to weigh whether Reed might be innocent in the 1996 murder of Stacey Stites.

In a 129-page ruling, Texas’ highest criminal court delivered a crushing blow to Reed, who has been on Texas’ death row for more than a quarter-century. The 55-year-old’s case gained international attention as his execution neared in 2019, with a new swell of supporters doubting his guilt in 19-year-old Stites’ murder and calling for his life to be spared.

“Even if all of Reed’s post-trial evidence is taken into account, Reed still has not demonstrated that he is more-likely-than-not innocent of Stacey’s murder,” wrote Judge Jesse McClure in the 7-1 ruling.

Judge Scott Walker was the lone dissenter on the all-Republican court.

In rejecting Reed’s claims of innocence, the high court accepted the 2021 recommendation of retired state District Judge J.D. Langley. Jane Pucher, one of Reed’s attorneys with The Innocence Project, condemned the ruling in a statement Wednesday and said they “will continue to fight for Mr. Reed’s freedom and bring him home to his family.”

Despite the ruling, Reed likely won’t face an immediate execution date. The U.S. Supreme Court in April sided with Reed in another appeal, opening the door for him to pursue DNA testing on evidence used to convict him.

Reed has long proclaimed his innocence, and his supporters hoped he would get a new trial after the Court of Criminal Appeals stopped his execution in 2019. His lawyers over the years have brought forward a mountain of new evidence and witnesses who they say show Reed’s innocence and instead casts suspicion on Stites’ fiance, Jimmy Fennell.

Both men have been accused of multiple sexual assaults. Reed was indicted, but never convicted, in several other rape cases. Fennell spent 10 years in prison after he kidnapped and allegedly raped a woman while on duty as a police officer in 2007.

In 1996, Stites’ body was found partially unclothed in Bastrop County hours after she didn’t show up to her grocery store job, according to court records. Fennell’s truck was found abandoned in a nearby school parking lot. Pieces of Stites’ belt, which is believed to have been used to strangle her, were found at both locations.

Fennell was originally a suspect, but the prosecution turned to Reed about a year later when it found sperm cells that matched him inside her body. The state said this proved Reed raped and killed Stites. Reed said his sperm was present because he and Stites had a consensual affair, a claim his lawyers say was doubted largely because he was a Black man in rural Texas and Stites was white. Reed was tried by an all-white jury.

In recent years, Reed’s attorneys have presented witnesses who corroborate that he had a relationship with Stites and others who said Fennell was abusive toward Stites or that he suspected she was having an affair with a Black man. Reed’s legal team also brought forward pathologists who said Stites was likely killed before the time Fennell told police she left their home for work, when she was alone with him. And the medical examiner who originally pegged her death to a later time — likely when she was driving to work — clarified in an affidavit that it would be impossible to pinpoint the exact time.

Bastrop County prosecutors and Stites’ family have strongly denied these claims, brushing off the credibility of witnesses they say waited years to come forward. They remain certain Reed is guilty, declaring him a serial rapist who stopped Stites on her way to work, raped her and then killed her.

After a 10-day hearing in fall 2021, Langley found Reed’s new evidence pointing suspicion on Fennell not credible and sided with the state’s position that Reed should remain convicted and under sentence of death for Stites’ murder.

In its extensive ruling, the Court of Criminal Appeals went through each aspect of evidence raised by Reed and the state over the decades of litigation, picking apart the credibility of evidence that could point to a consensual relationship between Stites and Reed to testimony that implicated Fennell as her killer.

Ultimately, the court decided Reed’s new evidence was not enough to achieve what McClure called “the Herculean task of demonstrating actual innocence.”

“We do not dispute that Reed would have been in a better position at trial if he had had the above-catalogued witnesses at his disposal,” the judge wrote. “However, ‘better position at trial’ is a far cry from ‘by a preponderance of the evidence, no rational juror could have convicted.’”

Reed had also argued the state withheld evidence from the defense before trial, including statements from law enforcement officials that pointed suspicion at Fennell. The court also doubted the truth behind those statements, and said Reed didn’t meet the necessary burden to show they were suppressed by prosecutors. Pucher condemned the decision, saying the court was allowing the illegal hiding of evidence.

“Texans should be outraged that prosecutorial misconduct is going unchecked and the State is being given a license to cheat – even if it means sending an innocent man to his death,” she said.

Source: texastribune.org, Jolie McCullough, June 28, 2023


_____________________________________________________________________




_____________________________________________________________________


FOLLOW US ON:












HELP US KEEP THIS BLOG UP & RUNNING!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."


— Oscar Wilde

Most viewed (Last 7 days)

Florida | Former prison warden who oversaw executions urges corrections workers to not participate in them

Recently Florida carried out the execution of Dusty Spencer , a 74-year-old Marine veteran, for the murder of his wife, Karen, in 1992. It was the ninth Florida execution this year. For their own sake, I urge Florida’s corrections workers to refuse to carry out another one. Before you dismiss me as some soft lefty, you should know that I am an Air Force veteran. I voted for Ron DeSantis for governor twice—and for Donald Trump for president three times.

Iraq: Saddam Hussein Execution was Moved Forward Because of Gaddafi Rescue Plans, Judge Says

Saddam Hussein's execution on December 30, 2006 The execution of former Iraqi President Saddam Hussein was accelerated due to the belief that the then Libyan leader, Muammar El-Gaddafi, had a plan to rescue him from prison, Judge Mounir Haddad revealed today. Hadad, who presided over the trial of Hussein, revealed to the Al-Arabiya Satellite Channel Point of Order program new details of the trial against the former president and his last moments before being hanged, including the 'health and welfare' votes for the magistrate himself . According to his testimony, the application of the death penalty to Saddam Hussein was precipitated because authorities knew that El-Gaddafi - later murdered in 2011 - was allegedly trying to bribe US guards who guarded him to rescue him from prison. He added that, contrary to previous reports from the local and US press, former Iraqi President Jalal Talabani gave his 'implicit approval' for Hussein's execution, an...

Iran: Delara Darabi has now been scheduled for execution

Delara Darabi has now been scheduled for execution, according to the Iranian newspaper Etemad on 18 April, according to another source on 20 April. She was convicted of murdering a relative when she was 17. Unless the Judiciary intervenes, she can now escape execution only if the woman’s entire family accept payment of diyeh, or blood money. One of the familly is said to be undecided. Iran is a state party to the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child, which prohibit the use of the death penalty against people convicted of crimes committed when they were under 18. RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible: - expressing concern that Delara Darabi is in imminent danger of execution for a crime committed when she was under 18; - calling on the authorities to halt the execution of Delara Darabi immediately, and commute her death sentence; - reminding the authorities that Iran is a state part...

Tibetan protesters executed for Lhasa riot killings

Tibetan exiles have reported the first executions of those convicted for rioting last year in Lhasa, with at least two people put to death in a rare implementation of capital punishment in the restive region. Two Tibetans convicted of arson and sentenced to death in April were executed on Tuesday morning in Lhasa, reported The Tibetan Centre for Human Rights and Democracy, which is based in the Indian town of Dharamsala—the home in exile of the Dalai Lama. It said that Lobsang Gyaltsen and Loyak had been sentenced to death for their part in setting fire to five shops in the Tibetan capital, killing seven people, in the riot that rocked Lhasa in March last year. Officials say that 21 people — including three Tibetan protesters — died in the violence, which embarrassed Beijing just as it was preparing to stage the Olympic Games and prompted a security crackdown across the Himalayan region. The body of Mr. Gyaltsen had been returned to his family and then submitted to a river burial—an un...

Iran: Prisoner of conscience Mohsen Amir Aslani hanged for ‘different interpretation of Quran’

Mohsen Amir Aslani NCRI - The Iranian Resistance calls on the UN High Commissioner for Human Rights and the Human Rights Council, as well as all international human rights organizations to strongly condemn the execution of prisoner of conscience Mr Mohsen Amir Aslani on charges of “corruption on earth; changing Islam’s principles and secondary laws; and new interpretation of Quran”.  It further calls for adoption of binding decisions against the growing number of arbitrary executions by the religious fascism ruling Iran. Mr. Amir Aslani, 37, who had been in prison since eight years ago, was once sentenced to four years in prison which was later commuted to twenty-eight months. However, as more fabricated charges were brought against him, the head henchman Judge Salavati condemned him to death. The Iranian regime has refraining from handing over the body of this prisoner to his family through stonewalling and offering contradictory answers to them. The execution...

Louisiana Supreme Court Frees Death Row Prisoner, Calling Evidence Against Him “Scientifically Indefensible”

The decision affirms a lower court’s ruling nullifying Jimmie “Chris” Duncan’s 1998 first-degree murder conviction. Duncan was convicted based in part on forensic evidence that is now widely regarded as junk science. Former Louisiana death row inmate Jimmie “Chris” Duncan is officially a free man following a unanimous ruling Monday by the Louisiana Supreme Court. In the opinion, justices upheld a lower court’s decision to toss out Duncan’s 1998 conviction for killing his former girlfriend’s toddler, Haley Oliveaux, citing flawed forensics practices used to convict him. 

Thailand | Australian man charged with murder after dead 17-year-old girl found in suitcase

An Australian man has been charged with murder after the body of a 17-year-old girl was found in a suitcase in Thailand. Police in the coastal city of Pattaya said they found Tunchanok Donhomla "stuffed" in the bag, which had been discarded near a railway track, in the early hours of Saturday. Thai police said they arrested Simon Peter Carman at Bangkok's Suvarnabhumi Airport in connection with the death as he was allegedly "preparing to flee the country." He denies the charges. In a message issued to the victim's family after his arrest, Carman said: "I feel bad for what happened to your daughter. It was out of my control."

Halfway through the year, Saudi Arabia has already executed nearly 100 people

Almost 100 people executed so far this year as dozens more remain on death row for drug-related offences Saudi Arabian authorities have executed nearly 100 people so far this year, including at least 61 for drug-related offences, the latest of which was on 18 June. In response, Dana Ahmed, Middle East Researcher at Amnesty International, said today: “It is halfway through the year and Saudi Arabia has executed nearly 100 people, a grim milestone exposing the authorities’ unconscionable and unlawful use of the death penalty. Of the 96 people put to death already in 2026, an astounding 61 were executed for drug-related offences; 39 of them were foreign nationals and 22 Saudi nationals.

Florida executes Dusty Ray Spencer

74-year-old man becomes oldest inmate executed in modern Florida history  A 74-year-old man convicted of fatally stabbing his wife became the oldest person executed in Florida’s modern history on Thursday, and the state is scheduled to execute another 74-year-old inmate next month.  Dusty Ray Spencer was pronounced dead at 6:10 p.m. following a 3-drug injection at Florida State Prison near Starke. Spencer was convicted of the 1992 stabbing death of his wife Karen. 

Tennessee Reduced Training in IV Placement in New Lethal Injection Protocol

The protocol that took effect in 2025 sheds new light on Tony Carruthers’ botched execution, when Dr. Mark Fowler spent nearly an hour trying, and failing, to place a secondary IV line Tennessee’s lethal injection protocol adopted a year and a half ago appears to include reduced training in IV placement. That’s the part of the process prison staff failed to complete last month before aborting the execution of Tony Carruthers. Filings from ongoing litigation over the protocol show concerns about the executioners’ training and qualifications aren’t new.