A Texas man is set to be executed for the killing of an elderly woman decades ago in what prosecutors said was an attempt to steal money the woman had hidden in her Brownsville home.
This undated photo provided by the Texas Department of Criminal Justice shows Ruben Gutierrez. claiming it would help prove he was not responsible for the fatal stabbing of an 85-year-old woman decades ago was scheduled to be executed Tuesday evening.was condemned for the 1998 killing of Escolastica Harrison at her home in Brownsville in Texas ’ southern tip.
His attorneys argue that various items recovered from the crime scene — including nail scrapings from Harrison, a loose hair wrapped around one of her fingers and various blood samples from within her home — have never been tested. In their response to Gutierrez’s Supreme Court petition, the Texas Attorney General’s Office and the Cameron County District Attorney’s Office said state law does not provide “for postconviction DNA testing to show innocence of the death penalty and, even if it did, Gutierrez would not be entitled to it.”
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