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Thread: Ruben Gutierrez - Texas Death Row

  1. #91
    Moderator Bobsicles's Avatar
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    Rene Garcia is doing life in the Wynne Unit. I’ve found nothing on Pedro Garza
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  2. #92
    Administrator Aaron's Avatar
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    Quote Originally Posted by TinaC View Post
    Hello first I apologize because this is the first time I've used a thread like this. I am the niece of Escolastica Harrison. I was wondering the same thing, what happened to the other defendants? My father has told me that one fled to mexico and the other had received life in jail but I don't find him on any inmate list. Also yes she was very distrusting in banks and she and her husband were very frugal. They had worked very hard for everything and she was heart broken when her husband uncle Robert passed from cancer. My mother found her after she did not answer the phone when she called her. We only lived a few streets away from her so it was very easy for my mother to hop in the car and check on her.
    Very sorry for your loss and welcome to the site. Hopefully some measure of justice is finally served next month.
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  3. #93
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    I am deeply sorry about this loss. I am sorry that it was so violent.

  4. #94
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    Texas death row inmate seeks stay citing coronavirus pandemic

    (UPI) -- The next death row inmate scheduled to be executed in the United States asked a Texas court for a stay Tuesday, citing disruptions caused by the coronavirus pandemic.

    Attorneys for Ruben Gutierrez filed a motion with the Texas Court of Criminal Appeals saying they will be unable to conduct investigations required in the weeks leading up to his execution.

    Gutierrez, 42, is scheduled to be executed June 16 for the 1998 murder of trailer park owner Escolastica Harrison.

    "It would be irresponsible and against the public's interest to conduct the necessary investigation during this pandemic," the motion reads. "Mr. Gutierrez's team members cannot conduct the work necessary to fulfill their obligation to him without putting themselves and others at risk."

    The defense team pointed out that they've been under stay-at-home orders in Philadelphia since March 23.

    "The imperative of social distancing has thus thwarted Mr. Gutierrez's ability to conduct the in-person investigation necessary to support his litigation and his seeking of clemency."

    Gutierrez currently has another request for DNA testing pending in federal court. In February, the Texas Court of Criminal Appeals said he didn't meet the requirements for obtaining a post-conviction DNA test.

    Gutierrez sought the testing of nail scrapings and loose hairs taken from the victim, a shirt belonging to a family member of Harrison and other clothing items. He says the testing would prove his innocence.

    Authorities said Gutierrez knew Harrison through her nephew and worked together with accomplices Pedro Garcia and Rene Garcia to rob her of about $600,000 in cash she had stashed in her home. An autopsy showed Harrison had been beaten and stabbed 13 times with two different screwdrivers.

    Gutierrez said he helped organized the robbery, but didn't take part in the murder and DNA testing would absolve him.

    "For more than two decades on Texas' death row in solitary confinement, Mr. Gutierrez has always maintained that he did not commit this crime. There is no physical or forensic evidence connecting Mr. Gutierrez to the crime," Gutierrez's attorney, Shawn Nolan, said.

    "His wrongful conviction was based solely upon two weak elements: a false confession elicited when police threatened to take Mr. Gutierrez's children away and threatened his wife, and an unreliable witness. The witness claimed to have identified Mr. Gutierrez as being in the area of the crime at the time it was committed, but the reliability of this identification has been seriously questioned by expert opinions."

    The request for a stay comes two weeks after Missouri carried out the nation's first execution since the start of the pandemic. Walter Barton received the lethal injection May 19 for the 1991 murder of an 81-year-old trailer park operator Gladys Kuehler.

    Texas has delayed or rescheduled six executions, while Tennessee delayed one, all due to the coronavirus pandemic.

    Death penalty experts warn the pandemic could disrupt U.S. executions for months to come.

    Robert Dunham, director of the Washington, D.C.-based Death Penalty Information Center, told UPI in March there's a lot of legal work that happens once a death row inmate is put on the calendar for execution. In some cases, witnesses don't come forward to provide evidence or testimony until there's a date.

    "It would be irresponsible and potentially deadly for the defense teams to be sending out investigators," he said.

    https://www.upi.com/Top_News/US/2020...591137175/?sl=
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  5. #95
    Administrator Heidi's Avatar
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    Psst. Neil123 do not reply to my post. I am not in the mood tonight!
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  6. #96
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    Tina C I just found information on page 6 of this thread. Rene is serving life. Pedro made bail and got released. He took off and skipped out of town (or something like that) and is on the wanted list about 20 years now! I am so sorry for this mess that you are still going through!
    Last edited by Madeline331; 06-04-2020 at 06:22 PM.

  7. #97
    Senior Member Frequent Poster NanduDas's Avatar
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    Texas death row prisoner granted stay ahead of scheduled execution next week

    By Julian Gill
    The Houston Chronicle

    A federal judge on Tuesday granted a stay of execution for a Texas death row prisoner who was scheduled for death next week.

    Ruben Gutierrez, who turns 43 on Wednesday, has maintained his innocence in the 1998 slaying of a trailer park owner in Brownsville.

    His attorneys have long sought to test the available evidence for DNA to show whether he was responsible for the crime. His attorneys also argue that the state’s policy that prevents chaplains and spiritual advisers from entering the execution chamber violates his constitutional rights. Gutierrez wants a Christian chaplain to accompany him to his execution.

    “The Court concludes that Gutierrez has made a showing of likelihood of success on the merits of at least one of his DNA or execution-chamber claims,” according to the ruling made by Brownsville Federal District Court Judge Hilda Tagle.

    The Texas Attorney General’s Office has appealed the ruling to the Fifth U.S. Circuit Court of Appeals, according to Gutierrez’s lawyer, Shawn Nolan.

    “In a case with no physical or forensic evidence against him, to execute Mr. Gutierrez without conducting DNA testing would be the ultimate violation of his civil rights,” Nolan said in a statement.

    “Additionally, the state is refusing to allow Mr. Gutierrez to have a Christian chaplain accompany him into the execution chamber, in violation of the First Amendment of the U.S. Constitution. TDCJ cannot just pick and choose which of its own rules and which constitutional rights apply to a prisoner and it should not attempt to conduct an execution under these circumstances.”

    Texas Department of Criminal Justice spokesman Jeremy Desel declined to comment on the decision.

    https://www.houstonchronicle.com/new...f-15328360.php

    Here is the stay order.

    https://drive.google.com/file/d/1W_p...vpfoCTomE/view
    Last edited by NanduDas; 06-09-2020 at 06:08 PM. Reason: Better article
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  8. #98
    Senior Member CnCP Legend Neil's Avatar
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    This guy is the houdini of Texas death row. Well actually it’s a toss up between him and Randall Mays.

  9. #99
    Moderator Ryan's Avatar
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    Is this going to be appealed?
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  10. #100
    Senior Member Frequent Poster NanduDas's Avatar
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    Ryan, I just edited post #97 with a slightly more detailed article. The state is indeed appealing this stay.
    "The pacifist is as surely a traitor to his country and to humanity as is the most brutal wrongdoer." -Theodore Roosevelt

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