Gutierrez's attorneys have asked the U.S. Supreme Court to stop the execution, arguing Texas has denied his right under state law to post-conviction DNA testing.
Tuesday, July 16, 2024 4:03PMA Texas man who has long sought DNA testing 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.
Gutierrez, 47, has long maintained that he didn't kill Harrison. His attorneys say there's no physical or forensic evidence connecting him to the killing. Two others were also charged in the case. "Gutierrez faces not only the denial of that he has repeatedly and consistently sought for over a decade, but moreover, execution for a crime he did not commit. No one has any interest in a wrongful execution," Gutierrez's attorneys wrote in their petition to the Supreme Court.
"He has repeatedly failed to show he is entitled to postconviction DNA testing. Thus, his punishment is just, and his execution will be constitutional," prosecutors said.
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