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Ruben Gutierrez - Texas Execution - June 16, 2020 - Page 6
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Thread: Ruben Gutierrez - Texas Execution - June 16, 2020

  1. #51
    Senior Member CnCP Legend Mike's Avatar
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    This is intentional. DP in Texas is dying due to stunts like this. This is the 5th time in the past two years where a warrant was delivered late and sent to the wrong office. You can't be coherent if you believe this wasn't intentional.

    Furthermore, the Order Setting Execution Date (page 10 of the PDF) says,

    Within 10 days of the signing of this Order, the Clerk of this Court shall issue and deliver to the Sheriff of Cameron County, Texas, a Warrant of Execution . . . .

    The Order Setting Execution Date was entered June 27, 2019. The Sheriffs Return (page 12 of the PDF) shows that it was delivered to the Sheriff on July 9, 2019twelve days after the Order Setting Execution Date was entered. The warrant thus violates the 107th District Courts own Order Setting Execution Date, as it was delivered two days late. And Article 43.15 mandates delivery of the warrant to the sheriff not later than the 10th day after the court enters its order setting the date for execution.

    In addition, as explained in Relators prior submission, the copy of the Warrant of Execution (without the Death Warrant) filed in this Court on October 15, 2019, by the District Attorney, was sent directly to TDCJ and not to the Sheriff as required by Article 43.15; and, as explained in Relators application for a writ of mandamus, the clerk never sent a copy of the warrant with the required seal of the court affixed to OCFW.
    We all live in a clown world.

  2. #52
    Senior Member Member Mastro Titta's Avatar
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    Quote Originally Posted by Bobsicles View Post
    I think it’s about time to impeach everyone on the TCCA
    Yeah, but this time the fault was on Cameron County. Two human errors in a row for the same offender, I can't recall a thing like that since I'm interested in death penalty.
    Last edited by Mastro Titta; 10-22-2019 at 02:00 PM.

  3. #53
    Senior Member Frequent Poster Bobsicles's Avatar
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    Time for them to give him a new date for January or february and watch it happen again

  4. #54
    Moderator Ryan's Avatar
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    Clerical concern prompts the Texas Court of Criminal Appeals to halt Ruben Gutierrez's execution

    Gutierrez was sentenced to death in the 1998 Brownsville killing of an elderly woman

    Ruben Gutierrez has been fighting to stop his death by requesting DNA testing he claims could prove his innocence in the brutal killing of an elderly woman in Brownsville. But it was a clerical error that prompted the Texas Court of Criminal Appeals on Tuesday to halt his Oct. 30 execution.

    The state’s highest criminal court issued a stay after Gutierrez’s attorneys argued his death warrant didn’t have the proper seal from the court when it was delivered to the sheriff and an attorney, invalidating it.

    Gutierrez, 42, was sentenced to death in 1999 for the stabbing and beating death of 85-year-old Escolastica Cuellar Harrison during a home robbery. She lived with her nephew in the mobile home park she owned and had around $600,000 in her house at the time of her death, according to court records.

    Gutierrez knew Harrison through her nephew. Two other suspects, Rene Garcia and Pedro Gracia, were accused of planning to rob her with Gutierrez. Each person pegged the other two for the murder, though, the records state. Garcia is serving a life sentence for the murder. Gracia was released from jail before his capital murder trial on a $75,000 bond, and he has been wanted for 20 years, according to a court filing.

    After his arrest, Gutierrez told police that he had been waiting in a park as the other two went to rob Harrison; he said he didn’t know they were going to kill her. Days later, he said he had gone into the house with Garcia, but that Garcia killed Harrison alone. Since before his trial, he has maintained the last statement was false and he “assented to it only after detectives threatened to arrest his wife and take away his children,” according to a recent court filing by his lawyers.

    A large focus of Gutierrez’s appeals have been on DNA testing. At the time of Harrison’s death, fingernail scrapings, a hair in her hand, and blood stains were preserved by police, but DNA was never tested. Gutierrez has fought for a decade to get the evidence tested, claiming it can prove he was not Harrison’s killer. Cameron County prosecutors have argued that because there may have been multiple killers, tested evidence that didn't match him still wouldn’t mark him as innocent.

    So far, the courts have rejected such testing. A new filing on the matter is currently pending at the Court of Criminal Appeals, but the court stopped Gutierrez’s execution on a technical question instead.

    When the convicting court sets an execution date, Texas law states that the district clerk must within 10 days issue an execution warrant “under the seal of the court” to the county sheriff, who then delivers it to the Texas Department of Criminal Justice. The court must also send copies of the warrant to the attorneys in the case and the state’s Office of Capital and Forensic Writs, a state public defender office.

    The warrant sent to the public defender office and the sheriff did not have the seal on it, and was sent 12 days after the execution was set, according to the court briefings. County prosecutors said it is wrong to stop Gutierrez’s execution for the clerical errors, because the importance of the law is that notice is given fairly to all parties.

    “It was not enacted for there to be a formalistic ceremonial requirement of the affixing of a seal to a piece of paper,” wrote Edward Sandoval, the county’s administrative first assistant district attorney, in a filing last week.

    Gutierrez’s lawyers, however, said when it comes to the death penalty, everything must be in order.

    “This is about whether the State of Texas may carry out the most solemn and irrevocable act of government without compliance with the statutes that alone authorize the government to take such an act,” wrote Peter Walker and Richard Rogers.

    On October 11, the court asked the county to provide the warrants sent before it could make a decision. On Tuesday, just more than a week before Gutierrez was scheduled to die, the court halted the execution "pending further order from this Court."

    Cameron County District Attorney Luis Saenz said Tuesday that his office will wait until the appellate court issues a ruling on the arguments before requesting a new execution date from the district court. Execution dates must be set at least 91 days from when the court sets it.

    Gutierrez has faced multiple execution dates. In June, his July execution was rescheduled for October based again on “a defect in the warrant,” according to his filing. A September 2018 execution date was stayed by a federal district judge to give his new attorney more time to investigate his case. His October execution is the 10th stopped in Texas this year, according to the Death Penalty Information Center. It is the fifth stay of execution from the Court of Criminal Appeals. Seven men have been executed in Texas this year, and seven more are scheduled to die through March.

    https://www.texastribune.org/2019/10...ben-gutierrez/
    "How do you get drunk on death row?" - Werner Herzog

    "When we get fruit, we get the juice and water. I ferment for a week! It tastes like chalk, it's nasty" - Blaine Keith Milam #999558 Texas Death Row

  5. #55
    Senior Member Frequent Poster Bobsicles's Avatar
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    Gutierrez must be related to the President of Mexico or something because Texas seems to not want to execute him. It's sad that Texas is slowly becoming one of those states that coddle death row inmates

  6. #56
    Senior Member Member Mastro Titta's Avatar
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    I don't think that way. I think is just plain incompetence. If for some reason they don't want to execute him, they can simply not ask for a death warrant, without all this charade.

    Next Gutierrez's death warrant must be perfect, otherwise people need to be fired, because they show they are not able to do their job.
    Last edited by Mastro Titta; 02-27-2020 at 02:38 AM.

  7. #57
    Senior Member CnCP Legend Mike's Avatar
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    Attorneys request delay in execution of Brownsville man

    BY ERIN SHERIDAN
    The Herald

    Death row inmate Ruben Gutierrez has requested to delay his execution for another 21 days, according to a motion filed in a federal court in Brownsville on Monday.

    Gutierrez was sentenced to death in 1999 after he was convicted in the stabbing and beating death of Escolastica Cuellar Harrison during a home invasion.

    According to court documents, Harrison was the owner of the trailer park and had $600,000 in cash inside the trailer where she lived with her nephew at the time of the incident.

    Gutierrez and his attorneys have long sought DNA testing, which Gutierrez claims could exonerate him. Cameron County prosecutors have argued against Gutierrez’s requests, claiming that the possibility of multiple killers means that tested evidence that does not match Gutierrez will not necessarily rule him out.

    Gutierrez was initially scheduled to be executed in September 2018. He was granted a stay of execution in July based on a “defect in the warrant”, which his attorneys argued did not have the proper seal from the court when it was delivered to the sheriff and an attorney, according to The Brownsville Herald archives.

    On Oct. 22, the Texas Court of Criminal Appeals granted a stay on Gutierrez’s Oct. 30 execution date to give his attorneys more time to investigate.

    The latest motion, filed on Nov. 4, argues that “good cause” exists in Gutierrez’s extension request due to the length and history of his case, as well as the complexity of multiple issues raised by Gutierrez and his attorneys in a prior motion to dismiss Gutierrez’s appeal.

    If granted by the court, the newly filed motion will extend Gutierrez’s stay of execution until Nov. 25.

    https://www.brownsvilleherald.com/ne...77e5fac30.html
    We all live in a clown world.

  8. #58
    Senior Member Frequent Poster NanduDas's Avatar
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    All they had to do was follow the rules for issuing a warrant. Literally all they had to do to end this case for good.
    "The pacifist is as surely a traitor to his country and to humanity as is the most brutal wrongdoer." -Theodore Roosevelt

  9. #59
    Senior Member CnCP Legend FFM's Avatar
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    Motion for DNA testing denied.

    http://search.txcourts.gov/SearchMed...e-ee0c7071982e

    MOTION FOR LEAVE TO FILE APPLICATION FOR ORIGINAL WRIT OF MANDAMUS DISMISSED WITH WRITTEN ORDER

    http://search.txcourts.gov/SearchMed...9-a42ecab08d34

    Stay is lifted.

  10. #60
    Senior Member Frequent Poster Bobsicles's Avatar
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    Thank God. Now they can set a new date and they better not screw up this time
    I believe in the death penalty

    ~James Dobson

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