HOUSTON, TEXAS – The Supreme Court intervened just moments before the scheduled execution of Ruben Gutierrez, a Texas man convicted of capital murder and sentenced to death 25 years ago. Gutierrez has long sought DNA testing to prove his innocence in the 1998 killing of 85-year-old Escolastica Harrison.
This is not the first time the court has halted Gutierrez’s execution. In 2020, a stay was granted after he challenged a Texas law that prevented a spiritual advisor from being present in the execution chamber.
Gutierrez’s attorneys have been fighting for DNA testing for over a decade, arguing that he did not enter Harrison’s home or intend for anyone to be harmed. He was convicted under Texas’s law of parties, which holds individuals responsible for the actions of others.
Despite multiple court requests for DNA testing of crime scene samples, including nail scrapings from Harrison and a hair wrapped around her finger, state law has denied these requests. The Supreme Court will now review Gutierrez’s case before deciding whether to proceed with the execution.
In response to the stay, Gutierrez’s attorney, Shawn Nolan, expressed hope that the DNA testing would ultimately prove Gutierrez’s innocence and prevent his execution. Gutierrez, who was visibly emotional upon receiving the news, has been in legal battles to clear his name for years.
The case revolves around the brutal murder of Escolastica Harrison in 1998, where Gutierrez was arrested for allegedly befriending Harrison in order to steal money she kept in her home. Two other individuals were also charged in connection to the crime, with one serving a life sentence and the other remaining at large.
Despite the challenges, Gutierrez remains determined to prove his innocence, fighting for the right to evidence testing to support his claims. The Supreme Court’s decision to delay the execution provides a glimmer of hope and an opportunity for justice to prevail.