Stay of execution extended to Brownsville man on death row - Brownsville Herald: Local News

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Stay of execution extended to Brownsville man on death row

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Posted: Thursday, November 7, 2019 8:30 pm

A stay of execution granted to Ruben Gutierrez, the Brownsville man on death row for his role in the brutal 1998 murder of Escolastica Cuellar Harrison, has been formally extended until Nov. 25.

Senior United States District Judge Hilda Tagle granted a motion filed by Gutierrez’s attorneys on Nov. 4 arguing that due to the complexity of multiple issues Gutierrez’s case, the request should be granted.

Gutierrez’s original September 2018 execution date was postponed after his attorneys argued that the execution warrant delivered to the sheriff and an attorney did not have a proper seal from the court.

On Oct. 22, the Texas Court of Criminal Appeals granted a stay on Gutierrez’s Oct. 30 execution date to give his attorneys more time to investigate the case.

Gutierrez has argued that evidence collected from the crime scene should be tested for his DNA, while prosecutors have argued that DNA not matching Gutierrez’s profile will not necessarily exonerate him due to the possibility of multiple killers.

esheridan@brownsvilleherald.com

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