Appeals court appears skeptical toward new DNA testing for Rodney Reed

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Appeals court appears skeptical toward new DNA testing for Rodney Reed
DNA TestingAppeals CourtInnocence
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A panel of judges in the Fifth Circuit Court of Appeals expressed skepticism toward allowing new DNA testing that attorneys for a man on death row say could pro

"If DNA testing shows a high-concentration of someone else's DNA in the webbing of the belt, like Jimmy Fennell's , it would provide powerful evidence that Reed didn't commit the crime," Parker Rider-Longmaid, an attorney for Reed, argued before the appeals court on Monday.

A panel of judges in the Fifth Circuit Court of Appeals expressed skepticism toward allowing new DNA testing that attorneys for a man on death row say could prove his innocence. Rodney Reed was convicted nearly three decades ago for the murder of Stacey Stites. His case had gone back and forth through the judicial system, including a last-minute intervention from the Texas Court of Criminal Appeals in 2019, halting his execution. In 2023, the Court of Criminal Appeals, the highest criminal court in the state, rejected Reed's request for a retrial. Earlier this year, the U.S. Supreme Court declined to take up Reed's case, though last year it had issued a ruling clearing the way for Reed to pursue new DNA evidence claims, including testing the murder weapon, believed to be a belt used to strangle Stites. The three-judge panel in the appeals court, though, appeared skeptical toward that request. At one point, Chief Judge Edith Jones asked, "You've already lost that case, right?" referencing the Texas Court of Criminal Appeals rejection of a retrial. "Anytime that there's any evidence available that wasn't previously tested should be tested because if it can exonerate somebody, it should move forward with the testing process," Cynthia Cale, a DNA expert and co-founder at DNA Mavens, told CBS Austin in an interview. The Fifth Circuit does not have an exact timeline of when it will issue its decision in the case, but it's not expected for some months. "Wouldn't you rather give him another trial, to make sure?" Heather Stobbs, Stites' cousin, told CBS Austin. "Because that's actually what he wants. He doesn't want to be just exonerated. He wants a trial. He wants what they're unwilling to provide."

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