Category Archives: Death Penalty News

Rodney headed back to court on October 10, 2017

Monday, July 17, 2017

The Texas Court of Criminal Appeals recently issued a ruling in the Rodney’s case – ordering new  a hearing in front of the Bastrop District Court.

The hearing is set to begin on October 10 and run for 3-4 days. The hearing was granted to examine a witness statement uncovered in a yet to be aired CNN interview that further cast doubt on the whereabouts of Jimmy Fennell, Jr., who was Stacey’s fiance at the time of her murder, and who many consider to be the real perpetrator of the crime.

From a recent KXAN story:

“Reed’s attorneys say Fennell gave conflicting accounts about his actions the night his fiancé was strangled with a belt. Fennell told police he was at home the night of April 22, 1996, and the following morning. Fennell said he had been at home and fell asleep before Stites left early in the morning to drive from Giddings to an H-E-B grocery store in Bastrop, according to court records. She never arrived for her morning shift.

Reed’s defense team says it has evidence that Fennell told a different story to Bastrop Sheriff’s Office Deputy Curtis Davis. In a recorded interview, Davis said he was with Fennell the morning Stites disappeared, after it was reported, and Fennell said he had been out the night before drinking and came home late. Fennell’s statement to Davis could cast doubt on his alibi.”

The Court of Criminal Appeals has reviewed Rodney’s case many times, and leading up to his execution date, they ordered hearings to review whether or not Rodney should receive DNA testing on key items from the crimes scene. The hearings were held by the Bastrop district court, which recommended against testing, following which, the CCA denied his appeal and he received the March 5, 2015 execution date. However, that was halted based on new evidentiary claims. An appeal to grant the DNA testing was subsequently denied in 2016.

The court has had Rodney’s recent appeal in front of them since 2015 – in which Rodney argues that he has proven his innocence through all the evidence put forward , including newly discovered forensic evidence casting doubt on the time of Stacey’s death, that was presented at trial. The court didn’t agree with Rodney’s claim that new evidence proved his innocence. But they agreed with his claim that the prosecution withheld newly discovered evidence that supports his innocence claim, saying the evidence “shows that the State presented false and misleading testimony, which violated his right to due process.”

The order states that, ”

“After reviewing the 2016 application, we find that applicant has failed to make a prima facie showing of actual innocence. However, we further find that his Brady and false testimony claims do satisfy the requirements of Article 11.071 § 5. Accordingly, we remand those claims to the trial court for resolution. Applicant has also filed in this Court and the trial court a “Motion for Deposition of Curtis Davis.” We leave it to the trial court to rule on this motion as it sees fit.”

This marks the first time since Rodney’s execution was halted in 2015 that there is a positive action from the courts regarding Rodney’s appeal. This latest piece of evidence is just one more link in the chain that binds Fennell to Stacey’s murder – and shows that Rodney is innocent! Rodney supporters will be working to build a presence at the hearings – as well as a series of activities to support Rodney over the next few months. Please check back at the upcoming events page here and on Facebook.com/texasinjustic for more information.

Advertisements

Court Denies Rodney Reed’s Request for DNA Testing

Wednesday, April 12, 2017

The Austin American Statesman reports:

Texas’ highest criminal court Wednesday denied death row inmate Rodney Reed’s request for DNA testing on items related to the 1996 murder of Stacey Stites in Bastrop County.

The 8-0 decision by the Texas Court of Criminal Appeals said the possibility of cross-contamination limited the usefulness of many of the items Reed wanted tested, and results from other items would not have resulted in his acquittal.

The court also said that Rodney failed to prove that the request for testing “was not for the purpose of unreasonable delay”, a claim insulting on its face, but especially because this court waited more than two years to make this ruling.

This denial is disheartening, but it is separate from Rodney’s habeas petition also filed in February of 2015, based on new forensic evidence, that contests the timeline of the version of events claimed by the State.

Follow the We Demand Justice facebook page for calls to action and next steps.
https://www.facebook.com/texasinjustice/

The CCA’s full opinion can be read here.

 

Ball in the CCA’s Court: the struggle continues for Rodney Reed

A new piece from the Campaign to End the Death Penalty outlines the current status of the case of Rodney Reed and describes all the hard work by activists, lawyers, filmmakers, investigators and journalists that lead the recent stay of execution and the uncovering of new evidence.

Lily Hughes, national director of the CEDP, clarifies where Rodney’s case is in the Court of Criminal Appeals (CCA):

Although Rodney has been given a stay of execution, the fight is far from over. The Court has agreed to look at Rodney’s new appeal, but there are no guarantees of a favorable ruling. One possibility is that the court could look at the evidence and opt to deny relief, as they have done in the past.

Another possibility is that the CCA could order a new trial. This wouldn’t be unwelcome to Rodney and his supporters. However, if the evidence of innocence is strong enough to warrant a new trial, then it would make better sense for the court to reverse the conviction altogether.

The best possible outcome from the CCA would be a reversal of Rodney’s conviction and for Rodney to be released from prison. In this event, the Bastrop County district attorney could still opt to take Rodney to trial again, in which case activists should demand that the DA drop Rodney’s indictment completely.

The article is a great comprehensive of the history of the campaign to demand justice for Rodney, a campaign that continues!

The various options before the Court make the ongoing activist campaign for Rodney paramount. Rodney’s family and supporters are prepared to carry on the fight. As Rodney’s brother Rodrick Reed said at a rally in February, “If we don’t stand up today, we’re going to lay down tomorrow for anything they’re going to make us lay down for. And I ain’t a laying down kind of guy. I’m a fighter, I come from a family of fighters!”

This site will be updated as soon as the Court issues a ruling.

A rally for justice outside the Texas State Capitol in February 2015

A rally for justice outside the Texas State Capitol in February 2015

Sandra and Rodrick Reed address a crowd outside the Texas Governors Mansion in February, 2015. Photo by Jaynna Sims

Sandra and Rodrick Reed address a crowd outside the Texas Governors Mansion in February, 2015. Photo by Jaynna Sims

Texas votes to keep execution drug manufacturers a (dirty) secret

The Texas Tribune reports that the Texas Senate has approved a bill that would hide the names of execution drug providers from the public. Senate Bill 1697 passed 23-8.

State Sen. Joan Huffman, R-Houston, told lawmakers her legislation was a “practical solution” to the harassment and threats faced by companies providing the state prison system with pentobarbital, the single drug used in Texas to execute inmates convicted of capital murder.

“Discussion in the public area has led to a chilling effect for companies who want to supply this compound to the state of Texas,” she said. “There are very few doses left of the drug that’s currently being administered.”

Hiding the names of unscrupulous pharmaceutical companies is a new development in Texas’ embarrassing history of capital punishment. Because these businesses have contracts with the state, their names were available to public until just two years ago. After European-based companies refused to sell their supplies of pentobarbital if its intended purpose was the murder of human beings, Texas turned to The Woodlands Compounding Pharmacy for its lethal drugs in 2013. The Woodlands Compounding Pharmacy claims that the public knowledge of their shady deal lead to “threats” against their business.

If companies can’t conduct their tax-funded business with the state in the public view, then they shouldn’t be in this shameful business at all. It’s telling that state lawmakers can band together to protect pharma manufacturers from the “chilling effect” of public outcry, but do nothing to secure justice for the wrongfully incarcerated. The Texas Legislature has again reaffirmed its commitment to executions, but abolitionists in Texas and across the world won’t stop until there’s justice for Rodney Reed and the other men and women on death row.

“My brother is still locked up, and the fight must continue until we bring him home…after that, we still must fight for justice.”

Rodrick Reed, brother of Rodney, spoke to a University of Texas at Austin students last night.

“A lot of people have relaxed, thinking he’s on his way home, but we still have to fight,” Rodrick said. “My brother is still locked up, and the fight must continue until we bring him home, and even after that, we still must fight for justice.”

“Without the public, my brother wouldn’t have stood a chance,” Rodrick said. “They would have probably executed him on March 5. [Rodney said to me,] ‘I’ve lost both my grandmothers in [jail.] Now I’ve lost my dad, and I’ve lost several uncles, and my family is going away, but I have not lost hope.’”

Rodrick was joined by Ben Wolff of the Texas Defender Service and Ana Hernandez of the UT chapter of Amnesty International. “Here’s the urgency about this: No one’s won,” Wolff said. “Rodney’s still on death row, and he’s still there unjustly and an innocent man. The first time the state of Texas seeks to execute someone, they have to give at least 90 days’ notice. The second time, … 30 days.”

Hernandez added “I think that stressing the indignity of his current situation and the fact that it is unjust for an innocent person to face those circumstances for over 18 years — I think that finding a way to convey that kind of urgency is important. There is no end date for your activism.”

Panel discussion April 27, 2015

The panel followed a die-in hosted a few days earlier in one of the University’s busy pedestrian areas. The die-in highlighted Rodney’s case but also the oppressive conditions of Texas death row. A 6 foot by 10 foot area was marked off on the ground, representing the size of a death row cell. Demonstrators lay down on the pavement for 10 minutes with signs about Rodney and the racist application of the death penalty.

UT die-in

UT die-in

Today we mourn the passing of Rodney’s father, Walter Reed

It is with great sadness that we learned Rodney’s father, Walter Reed, passed away last night. He had been suffering from a heart ailment for some time, with his condition worsening over the last few months; his wife Sandra had been his full time caregiver. This was all happening while Rodney was fighting for his life, so it has been a very difficult time for the Reed family.
Says Lily Hughes, director of the Campaign to End the Death Penalty, “Many of us have know Walter for years – although he didn’t often take the microphone, he was a passionate advocate for Rodney. Even when he couldn’t walk – or march – in a demonstration, he would ride on his motorized wheelchair, which he often decorated with signs. He has been a loving father to his six sons and a great support to Sandra during their long marriage.”

We are all so sad that Walter wasn’t able to live to see Rodney freed, but we’ll all keep fighting. Rest in Peace, Walter Reed.

Walter Reed, Rodney's father, with a young supporter outside the Texas State Capitol Building

Walter Reed, Rodney’s father, with a young supporter outside the Texas State Capitol Building

Condolence cards can be sent by email via JPay. or mailed to Rodney at:

Rodney Reed #999271
Polunsky Unit Death Row
3872 FM 350 South
Livingston, Texas 77351

Messages for Sandra and the rest of the Reed family can be sent care of
Campaign to End the Death Penalty National Office
PO Box 25730
Chicago, IL 60625

Video: Rodney Reed reflects on his stay of execution

March 5, 2015: The state of Texas intended to kill Rodney Reed today, but his family, his lawyers, a vibrant defense campaign, and Rodney himself fought hard to make sure that didn’t happen. We still have a big fight ahead of us, but today we celebrate our victory.

Yesterday, TWC News reporter Alex Stockwell interviewed Rodney in the visitation room of the Polunsky Unit in Livingston, Texas. Click here for a video of Rodney talking about the stay and how he’s dealt with coming so close to being executed.

“I really don’t try to entertain death because once you get consumed with something like that, it takes away from you. I just don’t try to entertain anything like that,” Reed said. “For the time being everyone has a date, and I’ve been here almost, right at 18 years. I’m kind of numb to how to ride this roller coaster.”

As Alex reminds us, March 5 was not Rodney’s first scheduled execution and it may not be his last.

Reed says he’s hopeful that there will be a DNA evidence hearing, and that this time around, that evidence will work out in his favor.

“Because of the way the system is structured, you have to prove the alternative suspect,” Reed said. “I’m very optimistic that if the courts are willing to acknowledge this evidence that we have, because this evidence is not made up. If they’re willing to acknowledge it, I feel like they will give me the better judgment on this.”

Rodney remains hopeful and we do too! We’ll keep fighting until he’s free.

(Alex also reported on our Valentine’s Day action for Rodney. You can watch that video here.)