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Texas man facing execution for 1998 killing of elderly woman for her money

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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.

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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.”

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“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.

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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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Follow Juan A. Lozano on Twitter: https://twitter.com/juanlozano70

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Next Up – Texas Tech In NYC

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Next Up – Texas Tech In NYC


Date 12/20 || Time 8:00 || Venue Madison Square Garden || Video ESPN

With the exception of Michigan on February 21st, Duke will finish off non-conference play on Saturday with Texas Tech in Madison Square Garden.

Why the Garden? Well, first because Duke has a lot of alum in the area. They call it Cameron North for a reason. And second, playing in MSG always draws a lot of attention. Duke could play in United Center – and in fact did, facing off against Arkansas there on November 27th – and it doesn’t draw the sort of attention that MSG does.

Years ago, Texas Tech was an afterthought. Then Chris Beard made the Red Raiders a major power and now Grant McCasland has done very well there too. He has an interesting history.

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Other than two-year stints at Northeastern JUCO as an assistant and Arkansas State as a head coach, McCasland’s career has been entirely in the Lone Star state. He’s also been at Midland College, Midwestern State, Baylor as an assistant, North Texas and now Texas Tech.

And he’s won everywhere. And this is really important to understand: it’s really hard to win at places like Midland, Midwestern State, Arkansas State and North Texas. His NCAA record is 263-109 (.707) and 142-32 (.816).

For perspective, Mike Krzyzewski’s career winning percentage at Duke is .766. We’re the last people to take anything from Coach K, but even he’d probably admit it’s easier to succeed at Duke than it is at the places McCasland has coached.

Texas Tech finished 28-9 last season (McCasland’s Texas Tech record: 55-21. Winning percentage .724) and so far this season, is 8-3. The losses have come against Illinois (81-77), Purdue (86-56) and Arkansas (93-86).

Arkansas is the only common opponent but Texas Tech also played Wake Forest, so presumably that video will be a two-for-one for scouting purposes.

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Impressively, he’s not coaching the same way at Texas Tech as he did at North Texas. With the Mean Green, with less talent, he played a more deliberate style. In Lubbock, he’s opened things up a bit. His offense is a little freer or maybe less structured is a better way to put it, or maybe less deliberate. He has more room for error with Texas Tech.

The unquestioned star for Texas Tech is JT Toppin, a 6-9/230 lb. junior who is a legitimate Player of the Year candidate. Toppin is putting up 21.9 ppg, 10.6 rebounds and 2.0 assists. He’s got a 7-0+ wingspan and is also an excellent defender. He needs to work on his outside game but is widely seen as a future pro. He’ll almost certainly guard Duke’s star Cameron Boozer.

McCaslin also has a solid backcourt with Chris Anderson and Donovan Atwell. Anderson, a 6-3 sophomore from Atlanta, is getting 19.3 ppg, 3.5 apg and an impressive 7.5 assists.

Atwell, a 6-5 senior, is putting up 11.3 ppg, 3 rebounds, a half an assist and 1.3 steals.

LeJuan Watts, a 6-6 junior, averages 14 ppg, 5.9 rebounds and 2.6 assists.

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Jaylen Petty is a 6-1 freshman who is getting 26 mpg, so obviously McCaslin trusts him. He’s putting up 7.4 points, 3.2 rebounds and 1.9 assists.

Tyeree Bryan is a 6-5 senior who is getting 5.6 ppg and 3.4 rebounds.

The last guy in the rotation, Luke Bamgboye, is 6-11/220 but he is injured and most likely won’t play Saturday.

McCaslin, clearly, is a brilliant coach, but he has had some issues this year, not least of all defense.

Texas Tech has struggled on the defensive end, which is one thing against Purdue or Illinois, but it was a problem against Northern Colorado (the Rockies UNC), where the Bears scored 90 points on the Red Raiders, shooting 44% on threes and 56% overall.

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The Lubbock Avalanche-Journal said this about the game against Northern Colorado: “McCasland hasn’t gotten what he needs defensively from, really, anybody else on the team. He pointed to the team’s lack of ability to guard 1-on-1, in the post, covering switches and working through screens. After a solid defensive showing against LSU and a close game against Arkansas, McCasland said the team took ‘a big step back’ on the defensive end.”

That’s a tough assessment from the hometown paper.

Our guess though is that McCasland will figure out some of his issues between Tuesday’s win over the Bears and Saturday’s trip to New York.

And if Duke plays as poorly as it did in the first half against Lipscomb, Texas Tech won’t have to play great defense. They’ll just pick off balls like the Bisons did with Duke’s 16 first-half turnovers.

Part of that is down to exam/holidays and a lack of continuity, and indeed, that could be the case for Texas Tech’s tough game against Northern Colorado (by the way, we forgot to mention that the Bears were missing their best player, Quinn Denker).

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Duke has tended to start slow this year and make it up in the second half and at times they may have been to reliant on Cam Boozer.

But we’ve seen signs of change.

Caleb Foster is turning into a solid presence and a guy who can do things when they need to be done. He’s reliable, in other words. Isaiah Evans hasn’t been shooting that well, but he’s due for a big game that might come in New York. And if not, he’s defending well, rebounding well and even blocking shots. He’s been terrific.

So has Patrick Ngongba, who has sort of snuck up on people. Last year he became a reliable presence off the bench but this year, he looks much more like a warrior. He’s really come on. Then there’s Nik Khamenia, who is as tough a player as we’ve seen in Duke blue for a while.

Maliq Brown is, well, Maliq Brown. He’s just a great asset, especially on defense. We’d like to see Dame Sarr take a step up, along with Darren Harris and Cayden Boozer. All three are very capable of playing better and Duke will go up a level when they do.

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New York is a funny place to play. The Garden has such an aura that it can intimidate some players. There are other players who thrive there under the bright lights. It’ll be interesting to see who does this time.



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North Texas man gives away 120 Christmas trees after slow sales

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North Texas man gives away 120 Christmas trees after slow sales


The first year selling trees didn’t go as planned for one North Texas man.

Tim Miller, co-owner of Hidden Honey Farm in Midlothian, still had more than half of his inventory earlier this week. But he made the best of a tough situation.

One after another, families kept Miller busy picking, preparing and packing up trees— just in time for Christmas.

All of a sudden, trees were flying off the lot. But that wasn’t the case just days before.

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With more than 100 Douglas firs still standing, Miller said sales had come to a grinding halt.

“Four days straight with no one,” Miller said.

With Christmas quickly approaching, he had a decision to make.

“We have two options: We’re going to have to dispose of 100 plus trees, or I can give them away and somebody will get some use out of them, so that’s what we decided to do,” he said.

On Tuesday, Miller posted on Facebook: “Our first year of selling Christmas trees didn’t go as well as we had hoped for… If anyone doesn’t have a tree, or knows of someone who needs a tree, they are free for the taking.”

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Families who otherwise couldn’t afford a tree began showing up—and word spread quickly.

“I thought, ‘Hey, I wanted to get a Christmas tree for our house anyway. Let’s go get one!’” said Miriam Beachy, holding her 1-year-old son Jeremiah.

Miller said the response was overwhelming, with donations pouring in from across the country.

“All over! Illinois, Missouri, North Carolina, California, somehow or another, people have seen our post and said, you know, we’d like to help,” he said. “I had no idea we would get the results that we have.”

In just two days, all 120 trees found their “fir”-ever homes.

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“It really felt like a gift,” Beachy said.

“The appreciation that they have, and I know there’s results I’ll never know of,” Miller added.

He’s still deciding whether to sell trees again next Christmas, but said after the feedback and support he’s received, he’s leaning toward it.



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Texas Tech head coach Joey McGuire pitches his solutions for college football’s calendar

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Texas Tech head coach Joey McGuire pitches his solutions for college football’s calendar


Joey McGuire has worn many hats over his career through the high school and college coaching ranks, but he’s looking to add a new one: Commissioner of fixing the college football calendar.

The fourth-year head coach jokingly offered his name up for the self-imposed fake title Wednesday during a media availability, but his frustration with the current format is real. He believes every team should play Week 0, that a champion should be crowned by Jan. 1 and bowl games should be invitationals set for Week 1.

McGuire’s team had a historic season, winning a Big 12 title and earning a bye in the College Football Playoff. Its reward is 26 days of non-compete before playing in the Capital One Orange Bowl on Jan. 1. McGuire loves it for player health. He hates it because it makes football a two-semester sport.

“Texas high school playoffs are playing 16 games, and they’re crowning a state champion this weekend. FCS has 24 teams in their playoff and they’re crowning a national champion on January 5,” McGuire said. “People are so stuck on traditions and all that. I get that, man. I’m a traditionalist 100%. But guess what? It’s changed.”

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By finishing the season on Jan. 1, teams would be able to seamlessly transition into the transfer portal, which opens on Jan. 2, he said. This doesn’t eliminate the unpredictable coaching changes that can happen at programs competing in the playoff, but McGuire argues that unfavorable personnel changing is inevitable regardless of calendar shifts.

Many programs with general managers can handle the current overlap of playoffs and the portal window. Some programs’ philosophies, such as Texas Tech’s, separate the responsibilities while in season. McGuire’s job in recruiting extends only as far as daily texts at this stage in the season, while general manager James Blanchard is working 20-plus-hour days on recruiting trails.

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However, only 12 teams are playing for a national championship in December. The rest of the country is either finished with its season or competing in bowl games with a withered staff and roster due to opt-outs and the rapid coaching carousel.

McGuire has his solution ready for that problem.

“How about moving the bowl games to an invitation? And that would be week one, Aug. 23, and we’re playing bowl games Thursday, Friday, Saturday,” McGuire said. “ … You’re going to lose a home game, but you still would have a huge attraction TV-wise. It would be a big watch because you know everybody’s dying for college football week one.”

As McGuire stated, the invitational bowl game would erase a home game for teams. But McGuire wouldn’t be a successful commissioner if he didn’t have a solution to ensure teams could fill out their schedules as they pleased.

“We’ve got these kids all summer long. Camp doesn’t need to be a month long,” McGuire said. “We can play zero week, and you know rock and roll.”

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Unfortunately for the hopeful-minded “commissioner,” changes in the college football calendar start with the networks, which he does not work with. However, McGuire said he will speak on the subject whenever given the chance because the conversation starts with him and other college football coaches being outspoken in a time of change.

Find more Texas Tech coverage from The Dallas Morning News here.



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