Attorneys for Brownsville death row inmate Ruben Gutierrez have re-filed a motion for DNA testing. The filing comes a little more than a week after a new execution date was set for Gutierrez, and asks that DNA testing be done on several pieces of evidence collected from the scene of the 1998 murder.
As in their previous appeals, Gutierrez’s attorneys claim the DNA test will prove the Brownsville man did not kill 85-year-old Escolastica Harrison.
In March, a Brownsville federal court ruled in Gutierrez’s favor. Gutierrez’s execution has been delayed twice – first in October 2019 due to a clerical error on his death warrant, and again in June 2020 over a violation of his First Amendment religious rights when he was denied a spiritual advisor in the execution chamber. Gutierrez is now set to be given a lethal injection October 27th.