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A man from Texas, Ruben Gutierrez, who has long pleaded for DNA testing to attest to his innocence in a murder case, was scheduled for execution on Tuesday evening. Gutierrez was convicted for the 1998 murder of 85-year-old Escolastica Harrison in Brownsville, located at the southernmost point of Texas. Prosecutors argue that Gutierrez killed Harrison, a mobile home park manager and retired teacher, in an attempt to steal over $600,000 she kept hidden at home due to her distrust in banks.
Scheduled for lethal injection at the Huntsville state penitentiary, Gutierrez, 47, asserts he did not commit the murder. According to his lawyers, there is no direct physical or forensic proof linking him to the crime scene, despite the involvement of two other individuals in the case.
The defense has escalated the matter to the U.S. Supreme Court, contending that Texas has impeded Gutierrez’s right to post-conviction DNA testing, which could potentially absolve him from eligibility for the death penalty. Items from the crime scene, such as nail scrapings from Harrison, a hair found on her finger, and various blood samples, have yet to be tested, his lawyers claim.
His legal team states, “The impending execution of Gutierrez not only embodies the refusal of DNA testing he has consistently requested for over a decade but also the execution for a crime he steadfastly claims he did not commit.”
Prosecutors, however, dismiss the DNA testing request as a mere stalling tactic, arguing that Gutierrez was justifiedly convicted based on multiple evidence, including a confession where he admitted his involvement in the crime. Moreover, prosecutors point out that Texas and federal law do not entitle him to post-conviction DNA testing.
This case draws parallels to that of another Texas death row inmate, Rodney Reed, who, following a 2023 Supreme Court decision, was granted the opportunity to argue for DNA testing in a lower court. Meanwhile, Gutierrez’s requests for DNA testing have been consistently denied by the courts.
Recently, the Texas Board of Pardons and Paroles declined both a reduction of Gutierrez’s sentence and a 90-day reprieve. Gutierrez has faced several postponed executions in the past, including when the Supreme Court issued a stay just one hour before his scheduled execution in June 2020 over issues related to the presence of a spiritual adviser in the execution chamber.
Authorities maintain that Gutierrez befriended Harrison with the intention of robbing her, a plan evidenced by her money hidden under a false floor in her bedroom closet. Three individuals, including Gutierrez, Rene Garcia, and Pedro Gracia, were indicted in connection to the murder. While Garcia is currently serving a life sentence, Gracia—who is said to have been the getaway driver—remains at large.
If the execution proceeds, Gutierrez will be the third inmate executed this year in Texas, which remains the nation’s leader in capital punishment, and the 10th in the overall United States.