Skip to main content

U.S. Supreme Court to consider death row plea for DNA testing

The Supreme Court will hear oral arguments on Feb. 24 in the case of a man on Texas death row who has long tried to obtain postconviction DNA testing on evidence that he says would exonerate him. 

Ruben Gutierrez was sentenced to death for the 1998 murder of 85-year-old Escolastica Harrison in Brownsville, Tex. Gutierrez has maintained his innocence and says DNA from several pieces of evidence — such as a hair and nail scrapings from Harrison’s finger and blood stains — would show that he was never in Harrison’s home. And if the DNA evidence shows that he never entered Harrison’s home, he contends, the jury would not have sentenced him to death. 

But a federal appeals court ruled last year that Gutierrez does not have a legal right to sue, known as standing, to bring federal civil rights claims challenging the constitutionality of the Texas laws governing DNA testing. Now the Supreme Court will weigh in.

At his trial, prosecutors contended that Gutierrez and two other men – Rene Garcia and Pedro Gracia – wanted to steal $600,000 in cash that Harrison, who did not trust banks, kept in her home. Harrison was beaten and stabbed repeatedly with a screwdriver. Garcia and Gutierrez attacked Harrison, prosecutors alleged, while Gracia was the getaway driver.

Gutierrez concedes that he was involved in the robbery, but he insists now that he never entered Harrison’s home and did not participate in her murder. Under Texas’s “law of parties,” defendants can be convicted of capital murder (which does not make them automatically eligible for the death penalty) even if they did not actually kill the victim, as long as they participated in the underlying crime that led to the murder. Gutierrez was convicted of capital murder in 1999 and sentenced to death.

The Texas Court of Criminal Appeals, the state’s highest court for criminal cases, upheld Gutierrez’s death sentence in 2002.

When Gutierrez’s trial took place, DNA testing was not required in Texas in capital cases in which the state was seeking the death penalty – a policy that has since changed. Gutierrez’s efforts to seek that testing were initially unsuccessful.

In 2011, the state court of criminal appeals upheld a state trial court’s denial of Gutierrez’s request for DNA testing. It reasoned, among other things, that the Texas law governing requests for DNA testing does not allow testing when the results of the testing would only affect the sentence that a prisoner received, rather than the determination of guilt or innocence. In other words, the Texas law would only allow Gutierrez the DNA testing if he could prove that, with that evidence, he wouldn’t have been convicted at all.

Gutierrez also brought a federal civil rights lawsuit in 2020 against Luis Saenz, the district attorney who prosecuted him, and Felix Sauceda, the Brownsville police chief. He challenged the constitutionality of the state’s DNA testing procedures, arguing that they violated his right to due process – that is, fair treatment by the government.

In 2020, the Supreme Court put Gutierrez’s execution on hold to give the lower courts a chance to consider his separate claims that he was entitled to have a spiritual advisor in the execution chamber with him. The state eventually changed its policy, leading to the dismissal of those claims.

A federal district court in Brownsville agreed that the Texas scheme governing DNA testing and post-conviction relief violated his constitutional right to due process. On the one hand, Senior U.S. District Judge Hilda Tagle explained, Texas law gives prisoners the right to file a second request for post-conviction relief if they can provide “clear and convincing” evidence that they should not have been sentenced to death. But on the other hand, Tagle continued, the state’s DNA testing laws take away a prisoner’s ability to obtain that evidence.

A divided panel of the U.S. Court of Appeals for the 5th Circuit threw out that ruling in February 2024. It held that Gutierrez did not have a legal right, known as standing, to bring his lawsuit. The Texas Court of Criminal Appeals held, the 5th Circuit noted, that even if DNA testing showed that Gutierrez never went inside Harrison’s house, he still would have been eligible for the death penalty because of his role in the robbery scheme that led to her murder. Therefore the 5th Circuit reasoned, prosecutors would not be likely to order DNA testing, and so the courts cannot provide him with a remedy – one of the requirements for standing.

Judge Stephen Higginson dissented from the 5th Circuit’s decision. He would have allowed Gutierrez to bring his claims for DNA testing. In his view, there is no “meaningful distinction” between Gutierrez’s case and that of Rodney Reed, another man on death row in Texas whose challenge to the state’s DNA testing law the Supreme Court permitted to move forward in 2023. Higginson acknowledged the “majority’s careful tracing of the state-court case history and fair inquiry into what the named state prosecutor might or might not do” in Gutierrez’s case, but he did not believe that the Supreme Court’s decision in Reed’s case hinged on “this nuance and distinction.” The court in Reed’s case, Higginson concluded, simply determined that a ruling “invalidating Texas’s DNA testing procedure would significantly increase the likelihood that the state prosecutor would grant access to the requested DNA testing.”  

The Supreme Court once again put Gutierrez’s execution on hold in July 2024, just 20 minutes before he was scheduled to be executed, to give the justices time to consider his petition for review of the 5th Circuit’s ruling. The justices agreed in October 2024 to take up his case.

In the Supreme Court, Gutierrez argues that Reed shows that a ruling in his favor can provide him with a remedy. The 5th Circuit majority, he contends, instead “formulated its own novel test” to conclude that he could not obtain a remedy. Specifically, based on the 2011 statement by the Texas Court of Criminal Appeals that Gutierrez would still be eligible for the death penalty even if DNA testing showed that he never went inside Harrison’s home, Saenz and Sauceda insisted that they would not allow the DNA testing. The court of appeals cited that “steadfast refusal to comply” with the district court’s decision to support its decision that Gutierrez does not have standing to sue under federal civil rights laws.

But that analysis “badly misapprehends the law of standing,” Gutierrez counters. A ruling from the Supreme Court indicating that the Texas law on which Saenz and Sauceda are relying to deny DNA testing violates Gutierrez’s right to due process would provide him with the kind of relief that would give him standing to sue. Saenz and Sauceda can always argue later in state court that, even with helpful DNA results, Gutierrez is still eligible for the death penalty, but “whatever may happen in a future state case does not deprive Gutierrez of standing in this current federal one.”

And although the Texas Court of Criminal Appeals concluded that Gutierrez would still be eligible for the death penalty even if the results of the DNA testing showed that he never entered Harrison’s house, Gutierrez continues, there is more evidence – never considered by the state court – that would help to show that he should not have been sentenced to death. For example, he says, he has evidence that the lead detective in his case lied on the stand and that Harrison’s nephew actually “masterminded” the plot to rob her.

In its brief at the Supreme Court, Texas pushes back against Gutierrez’s suggestion that the 5th Circuit adopted a “novel” test. Instead, it counters, “the Fifth Circuit’s decision represents a straightforward application of Reed to the facts of this case.”

Gutierrez’s problem, the state contends, is that he has not shown that he would benefit from a ruling in his favor. The Texas Court of Criminal Appeals has held not once but three times, over a 13-year period, that “Gutierrez would not be eligible for DNA testing under state law even if he could use the results to challenge his sentence,” because he would still be eligible for the death penalty. Indeed, the state stresses, after the district court’s ruling in Gutierrez’s favor, Saenz has relied on that conclusion by the state appeals court to deny the DNA testing.

Moreover, the state continues, there are other state-law reasons why Saenz would deny the request for DNA testing – for example, the state trial court found that Gutierrez was seeking DNA testing to delay his death sentence, which would separately preclude his access to the evidence. The state appeals court did not address that issue when it upheld the trial court’s order, which effectively left the conclusion in place.

Gutierrez’s argument that the results of DNA testing and his additional evidence will show that he should not have been sentenced to death is too speculative, the state suggests. And in any event, the state adds, for purposes of determining whether a defendant is eligible for DNA testing, Texas courts can’t consider new evidence but are instead only supposed to consider evidence that was available when the trial occurred.

Source: scotusblog.com, Amy Howe, February 13, 2025

_____________________________________________________________________








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

— Oscar Wilde



Comments

Most viewed (Last 7 days)

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...

Two Germans to be caned, jailed for Singapore train graffiti

"Singapore: Disneyland with the death penalty" A Singapore court sentenced two Germans to nine months in prison and three strokes of the cane on Thursday after they pleaded guilty to breaking into a depot and spray-painting graffiti on a commuter train carriage. Andreas Von Knorre, 22, and Elton Hinz, 21, both expressed remorse while being sentenced in the state courts of the island republic. “This is the darkest episode of my entire life,” said Von Knorre. “I want to apologise to the state of Singapore for the stupid act ... I’ve learnt my lesson and will never do it again.” Hinz added: “I promise I will never do it again. I want to apologise to you, and my family for the shame and situation I’ve put them into.”  Both were dressed in prison uniform — a white T-shirt and brown trousers with the word “Prisoner” down the sides and on the back. They spoke to the court in English. Singapore sentences hundreds of prisoners to caning each year as part of a syst...

Indiana | ‘Dignity’ is a poor excuse for blocking press access to state executions

Indiana law says that the press has no right to be present when the state carries out executions. It limits those who can attend to the warden of the prison where the execution is carried out, immediate family members of the crime victim, no more than five friends or relatives of the convicted person, the prison physician, and the prison chaplain. Only if an inmate selects a member of the press as one of the five friends may they attend.

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...

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...

As Idaho Reinstates Firing Squad, Volunteers Sought for Executions

The state becomes the first in the U.S. to make the firing squad the standard method of capital punishment Idaho is opening a new phase in the administration of capital punishment in the United States, returning to the firing squad as the default method of execution. The decision reintroduces a system that has been abolished or abandoned in most of the country and is now being reorganized through a formal and highly structured framework. The new death penalty protocol State authorities have begun recruiting volunteer law enforcement officers to take part in executions. The operational model includes three primary shooters assigned to carry out the execution, two alternates, and one operations coordinator. All participants will remain anonymous, known only to the prison warden and deputy warden.

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. 

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...