On Tuesday evening, a man from Texas who has been fighting for DNA testing to prove his innocence in the fatal stabbing of an 85-year-old woman many years ago, was set to be executed.
The state penitentiary in Huntsville had planned to administer the inmate’s lethal injection on Tuesday evening.
According to his attorneys, Gutierrez, who is 47 years old, has consistently denied any involvement in Harrison’s murder. They assert that there is a lack of physical or forensic evidence that links him to the crime. It’s worth noting that two additional individuals were also charged in connection with this case.
In an effort to prevent the execution, Gutierrez’s lawyers have approached the U.S. Supreme Court. They contend that the state of Texas has violated his right, according to state law, to undergo DNA testing after his conviction. The DNA results, they argue, would demonstrate that he was ineligible for the death penalty.
The defense team contends that crucial pieces of evidence, such as nail scrapings taken from Harrison, a strand of hair found wrapped around her finger, and multiple blood samples recovered from her home, have not undergone any testing.
According to Gutierrez’s attorneys, their client is not only being denied the DNA testing that he has been requesting for more than ten years, but he is also facing execution for a crime that he did not commit. They argue that no one wants to see someone wrongfully executed and are therefore petitioning the Supreme Court for relief.
According to prosecutors, Gutierrez’s request for DNA testing should not be considered as it is merely a ploy to delay the legal process. They argue that there is sufficient evidence, including a confession where Gutierrez admits to planning the robbery and being present in the victim’s home at the time of her murder, to convict him. As per Texas’ law of parties, Gutierrez was held accountable for the crime as he was involved in assisting or encouraging others to commit it.
The Texas Attorney General’s Office and the Cameron County District Attorney’s Office replied to Gutierrez’s Supreme Court petition, stating that according to state law, there is no provision for post-conviction DNA testing to prove innocence in death penalty cases. They further added that even if such provision existed, Gutierrez would not be eligible for it.
According to prosecutors, the individual in question has failed numerous times to prove their eligibility for post-conviction DNA testing. As a result, their punishment is justified, and their execution will be in compliance with the constitution.
According to Gutierrez’s legal team, his case bears resemblance to that of Rodney Reed, a death row inmate from Texas. In 2023, the Supreme Court ordered that Reed be given the opportunity to argue for DNA testing, resulting in his case being sent back to a lower court. Reed is currently pursuing DNA testing in his case.
Gutierrez has been denied DNA testing in lower courts in the past.
The death sentence of Gutierrez could not be commuted to a lesser penalty as the Texas Board of Pardons and Paroles voted against it last week. Additionally, they also denied granting a 90-day reprieve.
Gutierrez has faced multiple execution dates in the past few years, which were postponed due to various reasons, including the provision of a spiritual adviser during the execution. The Supreme Court granted Gutierrez a stay in June 2020, just an hour before his scheduled execution.
According to officials, Gutierrez became acquainted with Harrison with the intention of stealing from her. It has been revealed by prosecutors that Harrison concealed her money beneath a fake floor in her bedroom closet.
Three individuals were charged by the police in relation to this case, namely Rene Garcia, Pedro Gracia, and Gutierrez. Rene Garcia is currently serving a life sentence in a Texas prison. Meanwhile, Pedro Gracia, who was believed to be the getaway driver, is still at large and has yet to be apprehended by authorities.
Texas, which is known as the busiest state for capital punishment in the United States, is set to execute Gutierrez. This will be the third execution carried out in Texas this year and the 10th in the entire country.
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