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)

Kansas AG urges governor to deny clemency to 8 sentenced to death

TOPEKA — Attorney General Kris Kobach on Tuesday urged the governor to deny clemency to Kansas inmates who have been sentenced to death. Eight of nine people sentenced to death in Kansas formally filed clemency requests in May, according to a press release from the Attorney General’s Office. Kobach urged Gov. Laura Kelly to reject them.

Alabama | Judge bars nitrogen gas execution, says method is unconstitutionally cruel

MONTGOMERY, Ala. -- A federal judge on Tuesday permanently blocked Alabama from executing an inmate with nitrogen gas after declaring it violates the ban on cruel and unusual punishment. U.S. District Judge Emily Marks issued the ruling hours after an appeals court reversed her initial finding that the method was constitutional. Marks permanently enjoined the state from executing Jeffrey Lee, 49, by nitrogen gas. He was scheduled to be executed Thursday. The decision, for now, blocks the use of the controversial new execution method that the state has championed since 2024, but the issue will likely end up before the U.S. Supreme Court.

Idaho will soon turn to firing squad executions. Police will pull the triggers

Trained members of Idaho law enforcement with demonstrated firearms proficiency are expected to fill slots for carrying out the death penalty by firing squad as the state prison system transitions to the controversial execution method next month.  Six volunteers certified for no less than three years apiece through Peace Officer Standards and Training, or POST, will be recruited to ensure the Idaho Department of Correction is ready to comply with a state law that prioritizes shooting prisoners to death over lethal injection starting July 1.  No one on the team may have faced disciplinary action over firearms, use of force, or related conduct over the prior year, according to new execution protocols the prison system released this week. 

SCOTUS: Alabama can’t execute Jeffery Lee by nitrogen; Thursday execution called off

After a week of legal volleyball, Alabama death row inmate Jeffery Lee’s execution—scheduled for Thursday evening—was called off after federal courts called the state’s nitrogen gas execution method “likely unconstitutional.” The state took the fight to the U.S. Supreme Court, hoping Lee could still be put to death tonight.  In an order issued at 8:10 p.m., the U.S. Supreme Court ordered that it would not lift a ban on Alabama executing Lee via nitrogen . In a short court order, the justices denied Alabama’s motion to go ahead with the execution.  Associate Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch would have granted the appeal and let the execution proceed, according to the order. 

US | Army lays groundwork for death row executions if Trump gives approval

The Army is preparing to carry out the executions of the military's four death-row inmates if ordered to do so by the president, according to an internal planning document reviewed by ABC News. If carried out, it would mark the first time the military executed convicted American inmates in more than a half-century The plan, dubbed "Operation Resolute Justice" and issued internally in February, directs Army officials to coordinate with the Federal Bureau of Prisons to transfer condemned prisoners from the U.S. Disciplinary Barracks at Fort Leavenworth, Kansas, to the federal execution facility in Terre Haute, Indiana, where the Justice Department carried out a series of non-military federal executions during President Donald Trump's first term.

With nitrogen gas blocked, Alabama seeks to execute inmate by lethal injection

Jeffery Lee, who successfully challenged his scheduled Thursday execution by nitrogen gas, argued that execution by firing squad would be less painful. The Alabama Attorney General’s Office Friday sought to put an Alabama death row inmate to death by lethal injection a day after the U.S. Supreme Court rebuffed the state’s attempt to execute him by nitrogen gas. In a filing with the Alabama Supreme Court Friday afternoon, the state sought an expedited motion to set a new execution date for Jeffery Lee, 49. The state said that with a permanent injunction in place against nitrogen gas, the method by which the state intended to execute Lee on Thursday, it could execute him by lethal injection or the electric chair.

Texas | Tanner Horner now incarcerated at the Polunsky Unit

Convicted child killer Tanner Horner has now taken up residence in one of the most brutal death row prisons after being sentenced to die by a Texas jury last month. Horner is incarcerated at the Polunsky Unit, an infamously restrictive prison outside Houston where the state's death row inmates are housed in an all-solitary confinement wing and spend at least 22 hours a day in their 60-square-foot cells. The former FedEx deliveryman, 34, was booked at the notorious prison on May 5 within hours of being sentenced for the gruesome murder of Athena Strand, 7, whom he admitted strangling while delivering a Christmas gift to her home in November 2022.

20 Minutes to Death: Witness to the Last Execution in France

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term:   Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977. Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was execu...

Texas | Death Row Inmate Gets Resentenced to Life

Harris County district judge recommends compassionate release for Clarence Jordan A 1977 convenience store robbery that resulted in a clerk’s death landed Clarence Jordan on Texas Death Row, where he remained for decades even though he was declared incompetent for execution. On Monday, a judge recommended that the disabled man be released.  Harris County District Court Judge Katherine Thomas resentenced Jordan to life with the possibility of parole and suggested that he be considered for the Texas Department of Criminal Justice’s Medically Recommended Intensive Supervision program, also known as compassionate release.

New Mississippi billboard warns criminals: ‘Firing squad is legal’

DESOTO COUNTY, Miss. (WREG) — A billboard standing on Interstate 55 southbound as you cross the Tennessee state line and enter Mississippi from Memphis is sending a grim message to those coming into the state. DeSoto County District Attorney Matthew Barton recently announced the new billboard campaign, which features the sign reading, “WELCOME TO MISSISSIPPI. WHERE THE FIRING SQUAD IS LEGAL. THINK TWICE.” It references Mississippi’s law permitting execution by firing squad under certain circumstances for inmates sentenced to death. Barton says this campaign is aimed at deterring violent crime and sends a direct message to criminals entering Mississippi.