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Death row inmate may get retrial due to claim of 'sex-shaming' prosecutors

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Death row inmate may get retrial due to claim of 'sex-shaming' prosecutors

Oklahoma’s only female death row inmate, whose attorneys argue was “sex-shamed” during her husband’s murder trial, may have another day in court after a Tuesday Supreme Court ruling.

Brenda Andrew, now 61, was sentenced to death in 2004 for the murder of her estranged husband, Rob Andrew. 

She was convicted in the 2001 murder, along with her lover and fellow Sunday school teacher, James Pavatt. Pavatt, who had sold Rob Andrew an $800,000 life insurance policy, had confessed to killing Rob with a friend. He denied that Brenda was involved.

Brenda Andrew told police after the shooting, during which she was shot in the arm, that two masked men attacked her and her husband while he was helping her ignite the pilot light on the furnace in their garage, according to court documents reviewed by Fox News Digital.

Her attorneys argue that evidence about her “plainly irrelevant sexual history” wasn’t fair to use in court, where prosecutors called her a “slut puppy” and showed jurors one of her thongs, according to their court filings.

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Brenda Andrew in court in Oklahoma City in 2004. (David McDaniel/The Oklahoman)

The prosecutor said the thong was strong evidence that Andrew had murdered her husband, the New York Times reported. 

“The grieving widow packs this to run off with her boyfriend,” he said, holding her garment. “Can’t twist the facts, folks. Can’t twist the evidence.”

Andrew had packed the underwear for a trip to Mexico days after her husband’s death. Andrew and Pavatt ran out of money three months after the murder, in February 2002, and re-entered the United States, according to the outlet, where they were arrested at the border. Andrew’s two children, who were traveling with them, were put into their paternal grandparents’ custody.

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Supreme Court justices wrote in their decision that the prosecutor “spent a significant amount of time at the trial” going over details about Andrew’s sex life that were unrelated to her husband’s murder. 

“Among other things, the prosecution elicited testimony about Andrew’s sexual partners reaching back two decades; about the outfits she wore to dinner or during grocery runs; about the underwear she packed for vacation; and about how often she had sex in her car,” the majority wrote in their decision. “The ultimate question is whether a fair-minded jurist could disagree that the evidence ‘so infected the trial with unfairness’ as to render the resulting conviction or sentence a ‘denial of due process.’” 

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Brenda Andrew is pictured at left in 2004 and in her most recent mugshot in 2024 at right. (Oklahoma Department of Corrections)

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However, Justice Clarence Thomas and Justice Neil M. Gorsuch dissented. 

“Sex and marriage were unavoidable issues at Andrew’s trial, and the state introduced a variety of evidence about her sexual behavior,” Thomas wrote. 

In a brief urging the Supreme Court not to hear Andrew’s case, prosecutors argued that testimony regarding her appearance and sexuality were “but a drop in the ocean” of evidence against her. Before the Supreme Court’s Tuesday decision, lower courts had suggested that while prosecutors’ presentation of the case was inappropriate, the case against Andrew still stands.

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The 10th Circuit Court of Appeals in Colorado will now review Andrew’s claims.

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Andrew’s attorney, Ed Blau, told KOCO News 5 that it will be up to the 10th Circuit Court of Appeals to determine whether evidence “regarding [his client’s] sex life” and “regarding her qualities as a mother… should not have been given to the jury, and whether it rose to the level of violating her due process rights.”

He said Andrew could be resentenced or get an entirely new trial based on the appeals court’s findings. The court could also decide that no action is needed, and that Andrew should remain on death row.

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Jessica Sutton, another one of Andrew’s attorneys, told The Oklahoman that she hoped the court would “stop this injustice.”

“Wielding these gendered tropes to justify a conviction and punishment of death is intolerable and poses a threat to everyone who does not follow rigid gender norms,” she told the outlet.

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Although she doubts the court will acquit Andrew of murder, forensic psychologist Dr. Carole Lieberman told Fox News Digital said she is likely to get a retrial. 

MAILMAN MURDER SUSPECT WITH HISTORY OF VIOLENCE INDICTED IN BRAZEN LUNCH BREAK ATTACK

James Pavatt is pictured in a 2003 mugshot at left and a 2024 mugshot at right. (Oklahoma Department of Corrections)

“The evidence about her role in the murder was not enough to get the death penalty so [prosecutors} preyed on jurors‘ stereotypes of a ‘fallen woman’ and got them to despise her,” Lieberman said. “The prosecution’s so-called evidence was more prejudicial than probative… I think it was inappropriate personal hatred of the prosecutors toward her or inappropriate personal revenge or a personal desire to punish her more severely instead of just giving her life in prison.”

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A three-judge panel voted 2-1 to reverse part of Pavatt’s death sentence in June 2017. They determined that Andrew’s husband died too quickly for his death to be considered “cruel and heinous,” an aggravating circumstance that allowed the state to issue him the death penalty, Oklahoma City’s KFOR reported. 

Andrew’s last appeal in 2008 was denied, according to the Oklahoma Department of Corrections. 



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Jasmine Crockett campaign reportedly kicked Atlantic writer out of rally for being a ‘top-notch hater’

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Jasmine Crockett campaign reportedly kicked Atlantic writer out of rally for being a ‘top-notch hater’

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Atlantic staff writer Elaine Godfrey reported that she was “thrown out” of a rally for Rep. Jasmine Crockett, D-Texas, for being a “top-notch hater” according to Crockett’s team.

“Right before armed guards escorted me from the rally and left me on the edge of a Texas-county road, I was informed that I was no longer welcome at an event that I had already attended,” Godfrey wrote on Thursday.

She described having spent an hour at the Lubbock rally for Crockett’s Senate campaign before being approached by a woman with a badge as soon as she joined other reporters.

Elaine Godfrey claimed Rep. Jasmine Crockett’s team removed her from a rally in Texas earlier this week. (Dustin Franz/Bloomberg via Getty Images)

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“‘Are you Elaine?’ she asked. I recognized her from the entrance of the event, where I had identified myself as she’d waved me into the building’s press area. Yes, I answered. ‘Her team has asked you to leave,’ she said. When I asked why, the staffer looked at her phone and read dutifully: ‘They just said, “Elaine from Atlantic, White girl with a hat and notepad. She’s interviewing people in the crowd. She’s a top-notch hater and will spin. She needs to leave,”’” Godfrey wrote.

Godfrey was the staff writer behind a profile piece for Crockett in July that reportedly received backlash from the Texas representative after including comments from fellow House Democrats “without telling her first.”

“She was, she told me, ‘shutting down the profile and revoking all permissions,’” Godfrey wrote at the time.

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Rep. Jasmine Crockett, D-Texas, is running in the Democratic primary for U.S. Senate. (LM Otero/AP Photo)

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The piece was still published and included comments from other Democratic figures.

According to Godfrey, Crockett said that there was “no evidence” that a reporter was removed from her rally but claimed that there was a “specific journalist” who has a “history of being less than truthful” and had previously lost a lawsuit against Crockett.

“Perhaps she was thinking of someone else, because that’s not something that has ever happened to me,” Godfrey wrote.

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Godfrey added that her removal from the rally wasn’t a surprise considering Crockett’s firebrand-style of politics, though she expressed concern over how she was handled.

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Rep. Jasmine Crockett allegedly tried to shut down an article from Elaine Godfrey after she spoke to other House Democrats. (Bob Daemmrich/The Texas Tribune/Bloomberg via Getty Images)

“As security guards began to materialize around me, I wondered to myself what distinguished a top-notch hater from a middling one. I agreed to leave, and four guards, including at least one who was armed, escorted me out of the building, through the parking lot, and right to the edge of the nearby highway, where they waited as I ordered a car,” Godfrey wrote.

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Fox News Digital reached out to Crockett’s office and campaign for comment.

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FAA restricts Texas airspace after Pentagon reportedly strikes down Customs and Border Protection drone

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FAA restricts Texas airspace after Pentagon reportedly strikes down Customs and Border Protection drone

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The Federal Aviation Administration (FAA) restricted flights Thursday near Fort Hancock, Texas, after a U.S. Customs and Border Protection (CBP) drone was reportedly shot down by a laser sytem operated by the Pentagon.

While government agencies have not identified who the drone belonged to, top Democrats on the Transportation and Infrastructure Committee released a joint statement Thursday evening claiming the drone belonged to CBP.

U.S. Reps. Rick Larsen, Bennie Thompson and Andre Carson said their “heads are exploding over the news” that a CBP drone was shot down by the Pentagon with “a high risk counter-unmanned aircraft system.”

The legislators added that this incident is “the result of [the White House’s] incompetence” after a “short-sighted” decision to “sidestep a bipartisan, tri-committee bill to appropriately train C-UAS operators and address the lack of coordination between the Pentagon, DHS and the FAA.”

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The FAA expanded a temporary flight restriction near Fort Hancock, Texas, after lawmakers said a Pentagon-operated counter-drone system may have shot down a U.S. government drone. (iStock)

In a joint statement provided to Fox News Digital, the Department of War, CBP and the FAA said the DOW used counter-unmanned aircraft system to respond to a “seemingly threatening unmanned aerial system operating within military airspace.”

The departments said the engagement took place “far away from populated areas and there were no commercial aircraft in the vicinity,” adding they “will continue to work on increased cooperation and communication to prevent such incidents in the future.”

The departments said they are “working together in an unprecedented fashion to mitigate drone threats by Mexican cartels and foreign terrorist organizations at the U.S.-Mexico border.”

“The bottom line is the Trump Administration is doing more to secure the border and crack down on cartels than any administration in history,” the statement added.

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Congressional aides told Reuters that the Pentagon reportedly used the high-energy laser system to accidentally shoot down the CBP drone near the Mexican border, an area that frequently sees incursions from drones believed to be operated by Mexican drug cartels.

The FAA told Fox News Digital that a temporary flight restriction (TFR) was “already in place” around the Fort Hancock area and that the TFR “has been expanded to include a greater radius to ensure safety.” 

The restriction does not impact commercial flights, the agency said.

The FAA said in a Notice to Air Missions (NOTAM) that airspace around Fort Hancock was temporarily restricted for “special security reasons.”

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The restriction comes a couple of weeks after the FAA grounded flights to and from El Paso International Airport for 10 days before lifting the order roughly eight hours later.

Drones operated by Mexican drug cartels breached American airspace earlier this month near El Paso International Airport in Texas, leading the FAA to temporarily close the airport. (Kirby Lee/Getty Images)

A Trump administration official previously told Fox News that the initial lockdown came in response to “Mexican cartel drones” that breached U.S. airspace.

A U.S. official later confirmed that the U.S. military had shot down what was later determined to be a party balloon near El Paso.

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Fox News Digital reached out to the White House for comment and was directed to the joint statement provided by the Department of War, Customs and Border Patrol and Federal Aviation Administration.

Fox News Digital’s Anders Hagstrom and Reuters contributed to this report.

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Corporate America is on the move, and these red states are cashing in

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Corporate America is on the move, and these red states are cashing in

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A wave of corporate relocations is reshaping the U.S. economy, and Texas is emerging as the clear winner.

According to a report by CBRE, one of the nation’s largest commercial real estate brokerage firms, 561 companies have relocated their headquarters nationwide since 2018. The research shows many companies are reassessing tax climates, operating costs and growth prospects as they consider a move. 

That’s significant because these moves are often driven by long-term financial and growth strategies, not just geography — giving business-friendly states a competitive edge. 

From Texas to Tennessee, those states are racking up new headquarters, while blue strongholds like California and New York are losing companies at a notable clip.

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Dallas recorded the highest number of corporate headquarters relocations in the country. (Beata Zawrzel/NurPhoto/Getty Images)

The Lone Star State clearly dominates the relocation map. Dallas-Fort Worth captured 100 headquarters moves between 2018 and 2024 — the most of any metro in the country — while Austin secured another 81 and Houston added 31. Combined, those three markets accounted for more relocations than most entire states, cementing Texas’ outsized role in reshaping the corporate landscape.

Meanwhile, California metros saw the steepest net losses, led by the San Francisco Bay Area with a net loss of 156 headquarters over the same period. 

As blue states debate regulation and tax policy, Texas business leaders say the state’s approach is paying off. Megan Mauro, interim president and CEO of the Texas Association of Business, points to the state’s tax structure and lighter regulatory climate as key draws.

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“We have a light regulatory touch and no personal or corporate income tax,” Mauro said, citing Texas’ recent $25 billion surplus as evidence of what she calls a competitive tax environment.

Her argument aligns with research from CBRE, which found that companies most often cite lower taxes, reduced operating costs and stronger growth opportunities when relocating their headquarters.

The shift has intensified scrutiny of tax policy in high-cost states. Steve Moore, economist and co-founder of Unleash Prosperity, said those states risk driving away wealth and investment.

“It is common sense for business leaders to pick places for future financial success rather than economic suffocation,” Moore told Fox News Digital.

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California Gov. Gavin Newsom has previously said that he does not support the “billionaire tax” measure. (Sean Rayford/Getty Images)

He argued that proposals such as California’s 2026 Billionaire Tax Act are accelerating the outflow of the state’s ultra-wealthy residents to lower-tax states like Texas and Florida. 

“These business tycoons are running to states like Florida and Texas because of lower taxes, economic freedom and future economic prosperity,” he said, describing it as “voting with their feet.”

That shift is also reflected in population data.

From 2021 to 2024, Texas and Florida posted the largest net population gains, while California and several northeastern states recorded some of the steepest losses, according to IRS and U.S. Census Bureau data.

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Moore added that the broader economic implications extend beyond corporate balance sheets.

Growth in states like Texas can expand the tax base and provide additional funding flexibility for infrastructure, education and other priorities — often without raising tax rates.

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President Donald Trump pointed to job growth and other economic milestones during his State of the Union speech on Feb. 24, 2026. (Win McNamee/Getty Images)

Economic performance frequently shapes midterm messaging, and migration trends like these are poised to feature in debates over tax competitiveness.

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Whether those patterns endure remains to be seen. For now, though, population flows are reinforcing a broader argument: tax policy is no longer an abstract debate — it’s shaping where Americans choose to build their futures.

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