Texas court rejects DNA test for condemned killer from Brownsville
HUNTSVILLE, Texas (AP) — The Texas Court of Criminal Appeals has rejected a death row inmate's request for a lawyer to seek DNA testing of evidence.
Thirty-two-year-old Ruben Gutierrez argues the results could show he wasn't involved in the slaying and robbery of an 85-year-old woman at her home in Brownsville nearly 12 years ago.
The court Wednesday said a lower court already denied him and that ruling can't be appealed.
Gutierrez was convicted in 1999 and sent to death row for the beating and screwdriver murder of Escolastica Harrison. More than $56,000 was taken in the robbery.
Gutierrez wanted several samples from the victim and one of her relatives to show he wasn't present when the woman was attacked. Prosecutors argued his identity wasn't an issue in the case.
