Texas
Texas man facing execution for 1998 killing of elderly woman for her money
HOUSTON (AP) — A Texas man who has long sought DNA testing claiming it would help prove he was not responsible for the fatal stabbing of an 85-year-old woman decades ago was scheduled to be executed Tuesday evening.
Ruben Gutierrez was condemned for the 1998 killing of Escolastica Harrison at her home in Brownsville in Texas’ southern tip. Prosecutors said the killing of the mobile home park manager and retired teacher was part of an attempt to steal more than $600,000 she had hidden in her home because of a mistrust of banks.
The inmate’s lethal injection was planned for Tuesday evening at the state penitentiary in Huntsville.
Gutierrez, 47, has long maintained he didn’t kill Harrison. His attorneys say there’s no physical or forensic evidence connecting him to the killing. Two others were also charged in the case.
Gutierrez’s attorneys have asked the U.S. Supreme Court to stop the execution, arguing Texas has denied his right under state law to post-conviction DNA testing that would show he would not have been eligible for the death penalty.
His attorneys argue that various items recovered from the crime scene — including nail scrapings from Harrison, a loose hair wrapped around one of her fingers and various blood samples from within her home — have never been tested.
“Gutierrez faces not only the denial of (DNA testing) that he has repeatedly and consistently sought for over a decade, but moreover, execution for a crime he did not commit. No one has any interest in a wrongful execution,” Gutierrez’s attorneys wrote in their petition to the Supreme Court.
Prosecutors have said the request for DNA testing is a delay tactic and that Gutierrez was convicted on various pieces of evidence, including a confession in which he admitted to planning the robbery and that he was inside her home when she was killed. Gutierrez was convicted under Texas’ law of parties, which says a person can be held liable for the actions of others if they assist or encourage the commission of a crime.
In their response to Gutierrez’s Supreme Court petition, the Texas Attorney General’s Office and the Cameron County District Attorney’s Office said state law does not provide “for postconviction DNA testing to show innocence of the death penalty and, even if it did, Gutierrez would not be entitled to it.”
“He has repeatedly failed to show he is entitled to postconviction DNA testing. Thus, his punishment is just, and his execution will be constitutional,” prosecutors said.
Gutierrez’s lawyers have also argued that his case is similar to another Texas death row inmate — Rodney Reed — whose case was sent back to a lower court after the Supreme Court in 2023 ruled he should be allowed to argue for DNA testing. Reed is still seeking DNA testing.
Lower courts have previously denied Gutierrez’s requests for DNA testing.
Last week, the Texas Board of Pardons and Paroles voted against commuting Gutierrez’s death sentence to a lesser penalty. Members also rejected granting a 90-day reprieve.
Gutierrez has had several previous execution dates in recent years that have been delayed, including over issues related to having a spiritual adviser in the death chamber. In June 2020, Gutierrez was about an hour away from execution when he got a stay from the Supreme Court.
Authorities said Gutierrez befriended Harrison so he could rob her. Prosecutors said Harrison hid her money underneath a false floor in her bedroom closet.
Police charged three people in this case: Rene Garcia, Pedro Gracia and Gutierrez. Rene Garcia is serving a life sentence in a Texas prison while Pedro Gracia, who police said was the getaway driver, remains at large.
Gutierrez would be the third inmate put to death this year in Texas, the nation’s busiest capital punishment state, and the 10th in the U.S.
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Texas
More severe weather possible in North Texas on Friday
Texas
Democrat James Talarico wins Senate primary in Texas
AUSTIN, Texas (AP) — James Talarico did not mention Donald Trump when he greeted exuberant supporters at his primary night celebration.
But the newly minted Democratic U.S. Senate nominee in Texas is now a front man for the political opposition to the Republican president, not just in his own state but around the country. With his victory over U.S. Rep. Jasmine Crockett, the state lawmaker from Austin will test whether a smiling message of unity and change is enough to answer voters’ frustrations amid discord at home and now a war abroad.
READ MORE: What to watch in the consequential Senate primaries in Texas
“We are not just trying to win an election,” Talarico told supporters in the Texas capital early Wednesday. “We are trying to fundamentally change our politics, and it’s working.”
The campaign provided “Love thy Neighbor” signs to people in the crowd.
The question for Talarico as he heads into the general election campaign is whether he can generate enthusiasm from voters who opted for Crockett because they saw her as the more aggressive fighter against Trump. Crockett conceded to Talarico on Wednesday morning, saying that “Texas is primed to turn blue and we must remain united because this is bigger than any one person.”
Talarico will need all the help he can get in a Republican-dominated state where Democrats have gone decades without winning a statewide race. He will face either U.S. Sen. John Cornyn or state Attorney General Ken Paxton, who advanced to a Republican runoff on Tuesday.
Conventional political wisdom has it that Talarico was the stronger Democratic candidate in November, especially if Republicans nominate Paxton, a conservative firebrand who has weathered allegations of corruption and infidelity over the years.
WATCH: What’s at stake for Democrats and Republicans in the Texas Senate primaries
Although Democrats are often choosing between moderate and progressive candidates in primaries, they faced a largely stylistic choice in Texas.
Talarico, 36, is a Presbyterian seminarian who quotes Scripture and rarely raises his voice. Crockett, 44, is an unapologetic political brawler who hammers Trump and other Republicans with acidic flourish.
Both have been reliably progressive votes in their current roles and telegenic faces across cable news and social media. Both represent generational change for a party with aging leadership. Each called for a more equitable economy and society. Each talked about bringing sporadic voters into their coalitions.
But Talarico’s broader argument is one that he could have made regardless of whether Trump was in the White House. Talarico’s campaign, he said often, is about addressing a country whose fundamental divide is not partisan but “top vs. bottom.” He regularly assails the rise in Christian nationalism. A former teacher, he has advocated for public education –- and against Texas conservatives’ policies to restrict curriculum and reshape how U.S. history is taught.
“He’s just a good friend and he’s a serious advocate for the disenfranchised and a serious policymaker,” said Lea Downey Gallatin, 40, an Austin resident who became friends with Talarico when they interned together for a congressman.
Crockett promised Democrats that she could increase turnout within the party’s base, while Talarico campaigned on the theory that he could pull new people into the party’s tent.
“I can’t tell you how many have come up to me, whispering that they’re not a Democrat,” Talarico said as he campaigned in San Antonio in the closing days of the primary campaign. “I can’t tell you how many young people have said it’s the first time that they’ve ever voted, and that they are participating for the first time.”
As he strolled through the city, Talarico posed for pictures and greeted the singer of a Tejano band playing nearby. He later spoke to hundreds of people at the historic Stable Hall, a 130-year-old circular structure built for showing horses and now a converted event center. Hundreds more, unable to get into the full event, wound around the corner and along the sidewalk for blocks.
Inside, Lori Alvarez, a 39-year-old who works for a disaster relief nonprofit, said she supported Talarico because “he really listens to what we need.”
“I think he’s going to be able to make change in Washington for us,” said the married mother of three young girls.
Yet that was not what attracted so many voters to Crockett.
Troy Burroughs, a 61-year-old Navy retiree, called Crockett “rugged” and “the only one I see fighting for us.”
He added: “I like how she doesn’t back down from anybody.”
Burroughs said some voters probably saw Talarico as more electable because he is more soft-spoken. But, he said, “We’ve got to get into the gutter with these folks, because that’s where they are.”
Talarico, meanwhile, keeps fighting his own way.
“Tonight, the people of our state gave this country a little bit of hope,” he said Tuesday, “and a little bit of hope is a dangerous thing.”
Barrow reported from Atlanta, Figueroa from Austin, Texas, and Beaumont from San Antonio.
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Texas
Big top, bigger mission: Inclusive Omnium Circus makes Texas debut in Garland
Garland is about to witness a different kind of big top spectacle when Omnium Circus’ new show “I’m Possible” rolls into town for its first Texas performance on March 16 and 17 at the Atrium in Garland.
This inclusive circus was founded in 2020 by founder and executive director Lisa B. Lewis. She is no stranger to the circus world. Lewis grew up attending the circus with her grandfather, who was a Shriner. She would then later begin her own circus career at the Ringling Bros. and Barnum & Bailey’s Clown College.
A performer in a black suit rides inside a cyr wheel
against a stage lit in red. The letters of the OMNIUM
sign are in the background.
The idea for an inclusive circus came to her during one of her first experiences working as a clown. Lewis says that during her performance, she saw a row of grumpy teenagers.
“They had their arms folded like they were mad and grumpy, and then my partner, whom I was working with, began telling jokes in sign language,” Lewis said. “How he knew they were deaf, I don’t know. The group of teenagers immediately started laughing, and the energy of the entire section shifted.”
Lewis said that in that moment, something clicked in her head, and she realized the power of inclusion.
She would then go on to spread joy through the art of circus to special-needs kids. And then later, she created Omnium Circus.
“Circus elevates our belief in ourselves; it allows us to see the best of what humanity has to offer,” Lewis said.
A female with blue hair facing a man with a red hat
Maike Schulz
between them is a large bubble with smaller bubbles
inside of it. There is a golden light coming from
behind the bubbles.
Omnium is a Latin word meaning of all and belonging to all. The circus’ mission is to create joy and entertainment for all no matter the body you inhabit or the skin that you’re in.
The hour-long show in Garland will feature many inclusive acts, such as deaf singer-songwriter Mandy Harvey, an America’s Got Talent finalist and Golden Buzzer winner.
The show will feature two ringmasters: deaf ringmaster Malik Paris will conduct the sign-language portion of the show, while ringmaster Johnathan Lee Iverson will handle the vocal portion. Iverson is the first Black ringmaster for a major U.S. circus, the Ringling Bros. and Barnum & Bailey Circus.
A juggler wearing red and black gazes at his pins in
the air while cast members around him look on in
amazement. The letters of the OMNIUM sign are in
the background behind the performers.
The show will also feature the six-time Paraclimbing World Cup champion, the world’s fastest female juggler, clowns from Dallas, plus more.
Details: March 16 at 7 p.m. and March 17 at 10:30 a.m. and 1:30 p.m.at the Atrium, 300 N. 5th Street, Garland. Tickets are $21.99 for youth and $27.19 for adults.
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