Mr. Gutierrez Will Finally Be Heard By The Supremes, On Whether He Has A Right To A DNA Test, Before Texas Executes Him...

So. . . DNA testing kits, and biological sciences generally, have evolved -- and improved -- in the decades since Mr. Gutierrez was sentenced to death in Texas (under decidedly questionable circumstances). And he may well be guilty -- we accept that as a possibility.

But we (as a nation) should be in no undue rush to make. . . wholly-irretrievable errors with a man's life.

Texas still possesses the crime scene physical evidence. Shouldn't all capital case defendants -- at their own expense, but using independent examiners -- be granted the right to swab that evidence, for any DNA fragments. . . that might exonerate them? Plainly, it seems like at least four of the Supremes think so (or at least are willing to listen to his counsel, on the issue).

. . .For the last thirteen years, Ruben Gutierrez has been seeking DNA testing in both state and federal courts, seeking only access to the physical evidence so that he can test it at his own expense. In June 2019, the state district court initially granted Mr. Gutierrez’s motion for DNA testing, but then withdrew the order a few days later and denied the motion without explanation. In September 2019, Mr. Gutierrez filed a complaint under 42 U.S.C. § 1983 in federal district court challenging, inter alia, the constitutionality of Texas postconviction DNA testing procedures.

The federal district court granted a declaratory judgment for Mr. Gutierrez on this issue, finding that Texas Code of Criminal Procedure Article 64 (“Chapter 64”) violates due process by improperly limiting a death-sentenced prisoner’s right to file a successive habeas petition:

“Texas grants the substantive right to file a second habeas petition with a clear and convincing showing of innocence of the death penalty in Article 11.071, and then Chapter 64 denies the petitioner access to DNA evidence by which a person can avail himself of that right.” Gutierrez v. Saenz, 565 F. Supp. 3d 892, 910 (S.D. Tex. 2021). . . .

Now you know -- and finally, he will be heard. And whatever the test reveals, he will live -- or die -- with the results. But what on Earth is wrong with the Texas / Fifth Circuit panel that voted he should be executed, without even using a common method now widely available? Is life precious there, or not? Or is it only wealthy whyte lives. . . that are precious to Abbott and Paxton? Out.

नमस्ते