Texas Gov. Greg Abbott had called for an investigation into the outages.
For more than a decade, Gutierrez has fought unsuccessfully for DNA testing of evidence that he says would prove he did not kill Escolastica Harrison.FILE - This May 27, 2008 file photo, shows an execution chamber in Huntsville, Texas. The Republican-controlled Texas House has voted to ban the execution of inmates who are severely mentally ill in the nation’s busiest death-penalty state. No lawmaker spoke in opposition of the bill Thursday, May 9, 2019.
On Tuesday, the high court made a similar decision. The court halted Gutierrez's execution while it considers a petition filed by his attorneys for a review of a lower court's ruling, which said that a federal district court did not have jurisdiction to rule that a Texas law limiting DNA testing after conviction is unconstitutional.
Gutierrez has maintained that he did not kill Harrison, that he was not inside her home when she was killed and that he did not know of nor consent to any intention to kill her. “A juror who’s going to decide whether they're going to sentence somebody to death or not surely should know whether that person was the actual killer,” Nolan said. “In this case, the prosecution argued to the jury that Ruben was the actual killer, even though there was no direct evidence of that.”
Gutierrez’s lawyers further argued that evidence suggested that Harrison’s nephew, Avel Cuellar, masterminded the robbery. Cuellar, who is now dead, was initially considered a suspect by law enforcement but then dropped from the investigation.
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