Federal Court Approves DNA Testing for Man Who Was Spared Execution by Texas's Refusal to Allow Religious Adviser in Execution Chamber

A federal district court has ruled that Texas unconstitutionally denied DNA testing to a death-row prisoner who is alive today only because of a last-minute stay of execution granted because the state refused to allow his religious adviser to accompany him in the execution chamber. In a 26-page ruling issued on March 23, 2021, Judge Hilda Tagle of the U.S. District Court for the Southern District of Texas paved the way for
Ruben Gutierrez (pictured) to obtain DNA testing that he argues will prove his innocence of the death penalty. The ruling is the latest twist in a circuitous journey through the legal system in which Gutierrez has twice faced execution since 2019 and has been denied DNA testing on both occasions.

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