From The Rutherford Institute <[email protected]>
Subject Supreme Court to Determine Timeline for Post-Conviction DNA Testing in Death Row Case
Date July 28, 2022 2:43 PM
  Links have been removed from this email. Learn more in the FAQ.
  Links have been removed from this email. Learn more in the FAQ.
Chronic injustice has turned the American dream into a nightmare. 

View this email in your browser ([link removed])
[link removed]



** For Immediate Release: July 28, 2022
------------------------------------------------------------


** SCOTUS to Determine Timeline for Post-Conviction DNA Testing in Death Row Case Rife with Racial Bias & Prosecutorial Misconduct
------------------------------------------------------------

WASHINGTON, D.C. — A legal coalition is weighing in on a case before the U.S. Supreme Court that throws into stark relief the racial bias, prosecutorial misconduct and systemic injustice at the core of Texas’ death penalty system ([link removed]) .

In filing an amicus brief in Reed v. Goertz, ([link removed]) The Rutherford Institute, Cato Institute, ACLU, and National Association of Criminal Defense Lawyers have asked the U.S. Supreme Court to allow DNA testing of evidence in a murder case that could exonerate a black death row inmate while implicating a white police officer for the murder of his own fiancé. In agreeing to hear the case, the U.S. Supreme Court will decide when prisoners can pursue post-conviction claims for DNA testing of crime scene evidence.

“Chronic injustice has turned the American dream into a nightmare. On paper, you may be innocent until proven guilty, but in actuality, you’ve already been tried, found guilty and convicted by police officers, prosecutors and judges long before you ever appear in a courtroom,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People ([link removed]) . “At every step along the way, whether it’s encounters with the police, dealings with prosecutors, hearings in court before judges and juries, or jail terms in one of the nation’s many prisons, the system is riddled with corruption, abuse and an appalling disregard for the rights of the citizenry.”
MAKE THE GOVERNMENT PLAY BY THE RULES OF THE CONSTITUTION: SUPPORT THE FIGHT FOR FREEDOM ([link removed])

Nearly two years after the 1996 rape and murder of 19-year-old Stacey Stites, Rodney Reed, a black man who claimed to have had a consensual affair with Stites, who was white, was charged with her murder. Although Stites’ fiancé, Jimmy Fennell, a white police officer, was considered the prime suspect following her murder, an all-white jury convicted Reed of the murder and sentenced him to death.

While no DNA evidence linked Reed to the scene of the crime or any other element of the murder, the jury based its decision on a small amount of semen found in Stites’ body and a timeline that has since been refuted by forensic experts. Several people have since come forward to cast doubt on Reed’s guilt and Fennell’s claims of innocence. For instance, unknown to Reed and the jury at the time of his trial, the victim’s relationship with her fiancé was tumultuous and seemingly violent; fellow police officers claim that Fennell gave conflicting accounts of his whereabouts at the time of Stites’ murder than what he testified to at trial and said along the lines of “You got what you deserved” to the victim’s body at her funeral; and an inmate with whom Fennell had served time said in a sworn affidavit that he heard Fennell confess to killing Stites because she had cheated on him with a black man. Fennell served ten years in prison for kidnapping and raping a woman he had encountered while on
duty.

The Court of Criminal Appeals in Texas halted Reed’s execution in 2019 and ordered the court where he was originally tried to consider new evidence in the case. However, prosecutors opposed Reed’s efforts to have DNA testing carried out on several items discovered at the crime-scene, and the state trial and appellate courts also denied Reed’s request. Federal courts subsequently dismissed Reed’s claims as untimely. In agreeing to hear the case, the U.S. Supreme Court will determine whether the statute of limitations for post-conviction claims for DNA testing starts after a state trial court denies testing or after litigation, including appeals, ends.

The amicus brief ([link removed]) in Reed v. Goertz is available at www.rutherford.org ([link removed]) . Sean M. SeLegue and Liam E. O’Connor of Arnold & Porter Kaye Scholer LLP advanced the arguments in the brief.

The Rutherford Institute ([link removed]) , a nonprofit civil liberties organization, provides legal assistance at no charge to individuals whose constitutional rights have been threatened or violated and educates the public on a wide spectrum of issues affecting their freedoms.

Source: [link removed]
[link removed] Share ([link removed])
[link removed]: https%3A%2F%2Fmailchi.mp%2Frutherford%2Fsupreme-court-to-determine-timeline-for-post-conviction-dna-testing-in-death-row-case Tweet ([link removed]: https%3A%2F%2Fmailchi.mp%2Frutherford%2Fsupreme-court-to-determine-timeline-for-post-conviction-dna-testing-in-death-row-case)
[link removed] Forward ([link removed])
CLICK HERE TO MAKE A TAX-DEDUCTIBLE DONATION ([link removed])

To donate via PayPal, please click below:
[link removed]

============================================================
** Follow us on Facebook ([link removed])
** Follow us on Facebook ([link removed])
** Follow us on Twitter ([link removed])
** Follow us on Twitter ([link removed])
** YouTube ([link removed])
** YouTube ([link removed])
CONTACT INFORMATION
Nisha Whitehead
(434) 978-3888 ext. 604
** [email protected] (mailto:[email protected])

THE RUTHERFORD INSTITUTE
Post Office Box 7482
Charlottesville, VA 22906-7482
Phone: (434) 978-3888
** www.rutherford.org ([link removed])

Copyright © 2022 The Rutherford Institute, All rights reserved.

You are receiving this email because of your interest in the work of The Rutherford Institute. Founded in 1982 by constitutional attorney and author John W. Whitehead, The Rutherford Institute is a civil liberties organization that provides free legal services to people whose constitutional and human rights have been threatened or violated. To discontinue your membership electronically, or if you feel you are receiving this message in error, please follow the link below.

Under the regulations of the United States Internal Revenue Service, The Rutherford Institute is incorporated as a 501(c)(3) tax exempt nonprofit organization. Donations to support The Rutherford Institute’s legal and educational work help to safeguard the constitutional rights of all Americans. Donations are tax-deductible. In compliance with general industry standards of a nonprofit organization, the Institute is audited annually by an independent accounting firm.

** unsubscribe from this list ([link removed])

** update subscription preferences ([link removed])
Screenshot of the email generated on import

Message Analysis