In this edition:
Updates on Robert Roberson: Where things stand with Roberson’s case; wish him a happy birthday on November 10
Scheduled executions: No more executions set in Texas in 2024
In case you missed it: U.S. Supreme Court agrees to consider whether Ruben Gutierrez may pursue DNA testing
TCADP 2025 Annual Conference: Registration is now open
TCADP Lobby Corps: Apply by November 8, 2024
Upcoming events: HOPE summit and Community & Coffee this month in Dallas; TCADP Book Group in December
Partners for Justice: Support TCADP with a recurring gift
Election Day
Election Day is tomorrow, Tuesday, November 5, 2024. Candidates for the Texas Legislature, the Texas Supreme Court, the Texas Court of Criminal Appeals, and other offices are on the ballot. Numerous counties, including El Paso, Harris, Nueces, and Travis, also will be electing District Attorneys (DA) this year.
Click here for a full list of DA candidates, published by the Texas District & County Attorneys Association.
[If you did not vote early] Access a sample ballot, find your polling place, and more on the Texas Secretary of State’s website.
TCADP encourages you to check local nonprofit media outlets or civic organizations for information about candidates.
Around 9:45 PM on October 17, 2024, the night Robert Roberson was set to be put to death, the Supreme Court of Texas reinstated the temporary restraining order requested by Texas lawmakers, who had issued a subpoena for Roberson as a final attempt to halt his execution. This came after the Texas Board of Pardons and Paroles declined to recommend clemency and Governor Abbott refused to intervene to avoid the irreversible mistake of executing an innocent man.
Roberson has spent more than 20 years on death row for a crime that never occurred. Overwhelming new scientific and medical evidence shows that his chronically ill two-year-old daughter, Nikki, died because of serious health issues, including undiagnosed pneumonia.
On October 21, 2024, the Texas House Committee on Criminal Jurisprudence held a nine-hour hearing about Texas’ junk science law and the new scientific evidence in Roberson’s case. They heard testimony from Dr. Phil, John Grisham, former Texas Court of Criminal Appeals Judge Elsa Alcala, and Terre Compton, who served on the jury that convicted Roberson in 2003 based on the State’s “Shaken Baby Syndrome” hypothesis. The committee did not hear from Roberson, however, due to interference by the Office of the Attorney General.
Watch a recording of the hearing (Ms. Compton’s testimony begins at the 2:35:07 mark).
Litigation related to the subpoena remains pending in the Supreme Court of Texas. It remains unclear if the District Attorney of Anderson County will seek a new execution date, which requires a minimum notification period of 90 days.
Read about recent developments in the case from the Texas Tribune.
Wish Roberson a happy birthday
Upon learning that his execution had been halted on October 17, Roberson praised God and thanked his many supporters. You can continue to support Roberson by wishing him a happy birthday. Roberson will turn 58 on November 10. Use this action provided by the Innocence Project to send him your well wishes. Thank you!
The State of Texas does not have any other executions set for 2024. Currently, two men have dates in 2025: Steven Nelson, set for February 5, 2025; and David Wood, set for March 13, 2025. Wood has been on death row since 1988.
To date this year, there have been 21 executions nationwide, including five in Texas (three other individuals in Texas received stays of execution).
Executions have occurred in seven other states: Alabama (five); Florida (one); Georgia (one); Missouri (three); Oklahoma (three); South Carolina (two); and Utah (one). South Carolina carried out its second execution on November 1; Idaho and Alabama also have executions set in November.
Earlier this year, the Idaho Department of Correction called off the execution of Thomas Creech after officials could not establish an IV line. If the second execution attempt proceeds on November 13, Creech would be the first person put to death in Idaho since 2012. He has been on death row since 1981 and is now 74 years old.
U.S. Supreme Court agrees to decide whether Ruben Gutierrez may pursue DNA testing
On October 4, 2024, the U.S. Supreme Court granted certiorari and agreed to consider Ruben Gutierrez’s claim that he should be allowed to pursue his legal rights to conduct DNA testing. Gutierrez was convicted of capital murder and sentenced to death in 1999 for killing Escolastica Harrison in Cameron County even though no physical or forensic evidence connects him to the murder. He came within 20 minutes of being executed by the State of Texas on July 16, 2024, before the Court granted a stay.
It was the second time in four years Gutierrez received an 11th hour reprieve from the Court; he has faced multiple execution dates since 2018. For over a decade, Gutierrez has been seeking access to the extensive forensic evidence collected at the crime scene— including clothing, fingernail scrapings, and blood—that has never been tested. DNA testing could confirm that Gutierrez did not kill Ms. Harrison, as he has long maintained.
In response to this latest development, attorney Shawn Nolan said, “We are relieved the Supreme Court has agreed to address the Fifth Circuit’s refusal to follow Reed v. Goertz, which is indistinguishable from Ruben Gutierrez’s case. Granting certiorari and extending the stay of execution brings us one step closer to finally doing the DNA testing that will overturn Ruben’s wrongful conviction and death sentence.”
Read “Supreme Court Agrees to Hear a Case That Could Expand the Use of DNA Evidence in Capital Cases” by Austin Sarat.
Registration is now open for the TCADP 2025 Annual Conference: Becoming Catalysts for Change, which will take place in Austin, Texas at the Thompson Conference Center from 9:00 AM to 4:00 PM on Saturday, February 22, 2025. The conference features a panel discussion, keynote address, and the presentation of awards. We also will provide workshop sessions on a variety of topics featuring experts and voices of experience on death penalty issues.
For anyone who needs overnight accommodations that weekend, TCADP has secured a block of rooms at the Best Western Plus Austin Central (919 E Koenig Ln, Austin, Texas 78751) for Friday, February 21, and Saturday, February 22, 2025, at a group rate of $115/night. Make your reservation online by January 21, 2025.
We look forward to sharing information about our speakers and award recipients soon!
TCADP is recruiting a new class of Lobby Corps members. This dedicated group of volunteers works with our staff and board members to advance TCADP’s legislative agenda and build relationships with elected officials. We now seek to add 5 to 7 new members to our Lobby Corps ranks. Members must be registered to vote in Texas and able to visit the State Capitol in Austin in person during the next legislative session, which will run from January 14 to June 2, 2025.
Applications will be accepted until Friday, November 8, 2024. Zoom interviews will be conducted in November with select candidates and an in-person training will take place in early December 2024.
2024 HOPE Summit
TCADP will have an information table at the 2024 HOPE Summit on Friday, November 8, 2024, in Building N on the Dallas College Cedar Valley Campus (3030 North Dallas Avenue Building N Lancaster, TX 75134). The event is scheduled to take place from 8:30 AM to 3:30 PM. The Summit brings together individuals from across the state and nation to discuss and promote solutions that would assist justice impacted individuals, from redirecting the school to prison pipeline, to innovative reentry programs for returning citizens. It also will include panel discussions, a legislative lesson session, and a keynote speaker. If you are interested in attending this event or volunteering at the TCADP table, contact TCADP Deputy Director Tiara Cooper at TCooper@tcadp.org.
Community & Coffee in Dallas
Join your fellow TCADP supporters in DFW on Wednesday, November 20, 2024, from 10:00 AM to 12:00 PM, at Union Coffee (3705 Cedar Springs Rd, Dallas, TX 75219). Deputy Director Tiara Cooper will hold space for anyone interested in discussing recent death penalty developments and connecting with our efforts and upcoming events. To RSVP, email TCooper@TCADP.org.
TCADP Book Group
The TCADP Book Group meets every six to eight weeks on Zoom and reads a mix of fiction, non-fiction, and memoirs.Our next selection is How to Read a Book by Monica Wood. We will discuss this novel on Wednesday, December 11, 2024, at 7:00 PM CT. Register here.
Rise for Justice: 50 New Partners in 2024
Thanks to everyone who has joined the TCADP recurring donor program—Partners for Justice—since May! We’re still looking for 37 new Partners by the end of the year.
Through recurring monthly or quarterly donations, Partners for Justice provide vital funds for educational materials, expert speakers at events, information tables at conventions and community festivals, and publication of the TCADP year-end report, among other initiatives.
Partners receive special recognition at TCADP events, as well as access to exclusive programming. Become a Partner for Justice today!