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November 17, 2019

Texas Court of Criminal Appeals issues stay of execution so trial court can examine Rodney Reed's "Brady, false testimony, and actual innocence claims"

As noted in this prior post, many questions have been raised about the guilt of Texas death row inmate Rodney Reed, who had been scheduled to be executed on November 20.  But, as this Hill piece reports, that execution was stayed late Friday:

The Texas Court of Criminal Appeals ruled Friday to stay indefinitely the upcoming execution of Texas inmate Rodney Reed, who had been convicted in a 1996 slaying.

Citing an appeal filed by Reed’s attorney’s this week that claimed, among other things, that the state provided false testimony, the court ruled to halt the execution scheduled for Wednesday “pending further order of this Court.”

The decision came shortly after the Texas Board of Pardons and Paroles on Friday unanimously recommended delaying Reed’s execution.

The developments come amid national scrutiny over Reed’s case, as supporters of the inmate say newly uncovered evidence raises serious doubts about his guilt in the case of the killing of 19-year-old Stacey Stites.

Prosecutors accuse Reed of raping and strangling Stites in Bastrop, Texas, more than 20 years ago. However, in an application for clemency, Reed’s attorneys wrote that new evidence has “contradicted and, in all key respects, affirmatively disproven, every aspect of the State’s expert-based case against Mr. Reed” and implicates Stites’s then-fiance.

Efforts to stop the execution have been aided by high-profile calls from celebrities including Beyoncé, Kim Kardashian West, Oprah Winfrey, Rihanna, Questlove and more.

The TCCA's oder is available at this link, and here is a key passage:

On November 11, 2019, Applicant filed the instant subsequent writ application in the convicting court.  Applicant raises four claims in this application: (1) that the State suppressed exculpatory evidence in violation of Brady v. Maryland, 373 U.S. 83 (1963); (2) that the State presented false testimony in violation of due process; (3) that Applicant’s trial counsel were ineffective; and (4) that Applicant is actually innocent.

After reviewing the application, we find that Applicant’s Brady, false testimony, and actual innocence claims satisfy the requirements of Article 11.071 § 5.  Accordingly, we remand those claims to the trial court for further development.

November 17, 2019 at 12:03 PM | Permalink

Comments

I'm glad to see that the Texas Court of Criminal Appeals did the right thing by indefinitely postponing Rodney Reed's execution. If it is true that a police officer instead of this death row inmate, raped and murdered the woman that an all-white jury convicted him and, if it is true that local law enforcement personnel, knew that one of their own committed this crime and that they all covered up for him just because he wore the badge, then exonerate Reed and throw the book at these crooked guardians of the law!

Posted by: William R. Delzell | Nov 18, 2019 9:41:37 AM

This is what I have been sending out.

Robert Reed, Some Context

Read the many cases of sexual assault by Reed (1), inclusive of a 12 year old, raped orally, vaginally and anally, with Reed's DNA confirmed.

Judicial review of Reed's claims of 1) innocence and 2) the state not disclosing evidence: " . . . we hold that Reed has failed to show that the State did not disclose favorable evidence. . . . Reed has not made a threshold, prima facie showing of innocence by a preponderance of the evidence . . . We deny relief." (2)

The Innocence Project can be, very, deceptive, as detailed (3), inclusive of creating false confessions and claiming a death row DNA exoneration, when not true, by judicial review, and the IP not revealing that, for 8 years and counting.

Innocent frauds, by anti death penalty activists, are the rule, not the exception (4), with a 77% error rate in innocent/exoneration claims (4).

Massive, worldwide activism, with actors and other anti death penalty activists, claiming the "innocence" of death row inmates have been, intentionally, fraudulent and/or , otherwise, wrong (5), very often, by the media, as well, and as detailed (5).

Appellate judges and governors are very generous with death row inmates, with only 15% being executed and 45% removed by appeals/commutation

What will happen with Reed? As so many have not figured out, yet (5), pay attention to the courts, not the activists.

1) II. THE STATE’S PUNISHMENT CASE, pages 7, 8 and 9,
IN THE Supreme Court of the United States
RODNEY REED, Petitioner, vs. THE STATE OF TEXAS Respondent, No. 17-1093
https://www.supremecourt.gov/DocketPDF/17/17-1093/45899/20180507150103836_Reed%20BIO%20FINAL.pdf

2) V. Conclusion, within EX PARTE RODNEY REED, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS, IN THE COURT OF CRIMINAL APPEALS OF TEXAS, NO. AP-75,693 IN CAUSE NUMBER 8701 IN THE 21ST DISTRICT COURT OF BASTROP COUNTY
https://law.justia.com/cases/texas/court-of-criminal-appeals/2008/17748.html

3) see paragraphs 3 and 4
Death Row, "Exonerations", Media & Intentional Fraud
https://prodpinnc.blogspot.com/2019/06/death-row-exonerations-intentional-fraud.html

4) Deception: The DPIC "Exonerated"/"Innocence" List
http://prodpinnc.blogspot.com/2019/09/deception-dpic-exoneratedinnocence-list.html
and
Death Row, "Exonerations", Media & Intentional Fraud
https://prodpinnc.blogspot.com/2019/06/death-row-exonerations-intentional-fraud.html

5) Just a few

HOLLYWOOD, MURDER AND TEXAS
DEATH ROW INMATE GARY GRAHAM AND THE ANTI-DEATH PENALTY MOVEMENT:
A CASE STUDY OF LIES, HALF-TRUTHS AND INTIMIDATION
http://prodpinnc.blogspot.com/2019/11/gary-graham-hollywood-murder-and-texas.html

Rebuttal: "Trial by Fire: Did Texas execute an innocent man?", David Grann, The New Yorker, 9/7/2009: Cameron Todd Willingham: Media meltdown & the death penalty
# 11 here
https://prodpinnc.blogspot.com/2013/04/the-innocent-frauds-standard-anti-death.html

"Troy Davis & The Innocent Frauds of the anti death penalty lobby",
http://prodpinnc.blogspot.com/2011/11/troy-davis-innocent-frauds-of-anti.html

Guilty: Sacco and Vanzetti
http://prodpinnc.blogspot.com/2013/08/guilty-sacco-and-vanzetti.html

Roger Keith Coleman #2, here
https://prodpinnc.blogspot.com/2013/04/the-innocent-frauds-standard-anti-death.html

so many more

Overview

Death Row, "Exonerations", Media & Intentional Fraud
https://prodpinnc.blogspot.com/2019/06/death-row-exonerations-intentional-fraud.html

The Innocent Frauds: Standard Anti Death Penalty Deception
https://prodpinnc.blogspot.com/2013/04/the-innocent-frauds-standard-anti-death.html

Posted by: Dudley Sharp | Nov 18, 2019 1:34:15 PM

This is an excellent reason to delay an execution. In cases of doubt about guilt, we must get it right.

Posted by: William C Jockusch | Nov 18, 2019 10:00:44 PM

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