Stay of execution granted for death row inmate in Brownsville murder

BROWNSVILLE, Texas ( ValleyCentral ) — The U.S. Supreme Court granted a stay of execution for a man who was scheduled to be executed Tuesday afternoon.

Ruben Gutierrez was expected to be executed moments ago after being convicted of murdering 85-year-old Escolastica Harrison in 1998.

Records show that a stay of execution was presented to Justice Samuel Alito and by him referred to the Court is granted, pending the disposition of the petition for a writ of certiorari.

“Should the petition for a writ of certiorari be denied, this stay shall terminate automatically,” records show.

Gutierrez’s legal team asked to stop the execution, citing that the state denied his right to DNA testing that would show he would not be eligible for the death penalty.

On Sept. 5, 1998, Gutierrez and two other men entered Harrison’s home with the intent to rob her of money she had in her safe. She was struck repeatedly, and stabbed multiple times in the head. Police added that she was stabbed 13 times with a screwdriver before dying from her injuries.

His legal team argues that Gutierrez never entered Harrison’s home, nor knew anyone would be harmed. The petition to the court states Gutierrez has been seeking DNA testing of items from the crime scene, including a blood-stained shirt belonging to Harrison’s nephew, nail scrapings from Harrison, loose hair, and various blood samples.

“These items were collected from the crime scene by detectives and continue to be preserved because they contain biological material that can reveal who was in Harrison’s home during the crime,” the document stated. “Yet this critical evidence has never been tested.”

Should the petition for a writ of certiorari be granted, the stay shall be terminated upon the sending down of the judgement of the Supreme Court.

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