Texas: Stay of execution for Ruben Gutierrez – 20 minutes before lethal injection
The U.S. Supreme Court on Tuesday granted a stay of execution for a Texas man 20 minutes before he was scheduled to receive the lethal injection.
Ruben Gutierrez has long maintained that DNA testing would help prove he was not responsible for the fatal stabbing of an 85-year-old woman during a 1998 robbery.
The 47-year-old has said for decades that he did not kill the victim, and his lawyers argue that there is no physical or forensic evidence linking him to the murder. Two other people were also charged in the case.
The Supreme Court’s brief order says the stay of execution will remain in effect until the justices decide whether they will consider his appeal. If the court denies the request, the stay of execution would automatically be lifted.
Gutierrez’s attorneys state in their appeal that Texas has denied their client the right to post-conviction DNA testing that would show he would not have been eligible for the death penalty.
“Gutierrez not only faces denial of DNA testing, which he has repeatedly requested for over a decade, but also execution for a crime he did not commit.”
Gutierrez was convicted under Texas’ “Law of Parties,” which states that a person can be held liable for the actions of others if they aid or abet the commission of a crime.
Gutierrez has already had several execution dates postponed in recent years, including due to problems related to the presence of a spiritual advisor in the death chamber. In June 2020, Gutierrez was about an hour away from his execution when he was granted a stay by the Supreme Court.