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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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Wisconsin man who fled Border Patrol checkpoint in stolen car killed after shootout in Texas, police say

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Wisconsin man who fled Border Patrol checkpoint in stolen car killed after shootout in Texas, police say

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FIRST ON FOX: A Wisconsin man driving a stolen vehicle was killed Wednesday after he fled through a U.S. Border Patrol checkpoint and led authorities on a vehicle chase and shootout in Texas.

The incident happened at around 10:30 a.m. at the Sierra Blanca checkpoint in the Big Bend Sector between El Paso and Van Horn, a remote area. 

James Douglas McMillan, 33, of Greenfield, Wis., took off from the checkpoint after a Border Patrol drug K-9 alerted to the vehicle and agents directed McMillan to pull over for a secondary search, the Texas Department of Public Safety said. 

A migrant walks through the Rio Grande as he crosses the U.S.-Mexico border, March 13, 2024, in El Paso, Texas. On Wednesday, a man was shot and killed by authorities near El Paso after fleeing through a U.S. Border Patrol checkpoint.  (John Moore/Getty Images)

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During the car chase, McMillan opened fire out of his vehicle window at DPS troopers and other authorities from several law enforcement agencies and civilian vehicles, DPS said.  

“As law enforcement returned fire, DPS Troopers performed a precision immobilization technique (PIT) maneuver and successfully stopped the suspect vehicle,” a DPS statement said. 

McMillan barricaded himself in his vehicle and eventually pointed his weapon towards officers, prompting officers to open fire, authorities said. 

He was shot and killed. No law enforcement officers or civilians were hurt.  

Investigators determined McMillan was driving a vehicle reported stolen in Arizona. The shooting is being investigated by the Texas Rangers, with assistance from the FBI and USBP.

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The shooting involved Border Patrol agents and DPS troopers.  (Suzanne Cordeiro/AFP via Getty Images)

In January, a man suspected of smuggling illegal immigrants was shot by federal officers during a gunfire exchange in Arizona. 

Patrick Gary Schlegel, 34, fled from authorities on foot and allegedly shot at a CBP helicopter and at agents, Heith Janke, the special agent in charge of the FBI’s Phoenix Division, said at the time. 

A U.S. Border Patrol officer watches a USBP helicopter.  (Herika Martinez/AFP via Getty Images)

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Schlegal, a U.S. citizen from Arizona, underwent surgery and survived. No one else was harmed, authorities said. 

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Unearthed video shows Dem candidate supporting ‘reallocation’ of police funding to social service programs

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Unearthed video shows Dem candidate supporting ‘reallocation’ of police funding to social service programs

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A Democrat running for Congress in one of the most competitive seats in the country once said she would combat systematic racism by redirecting law enforcement funding when asked if she would “defund the police” in 2020.

“I support the reallocation of funding to programs that would allow people to live their best lives,” JoAnna Mendoza, a Marine veteran, told the Arizona Clean Elections Commission and Arizona Capitol Times at a town hall event.

“Such as social service programs. Such as housing, public education, healthcare, ensuring that we are addressing economic stability and environmental safety.”

JoAnna Mendoza, a candidate for Congress, is running in one of the country’s most competitive races in 2026.  (Joanna Mendoza for Congress/YouTube screenshot)

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Mendoza, who is running to represent Arizona’s 6th Congressional District, denied ever supporting defunding the police, according to her campaign.

“Jo Mendoza has been on the record for years that police need MORE resources to do their jobs – not less – including body cameras and training. And she has repeatedly stated that she does not support defunding the police,” Mendoza’s campaign said in a statement to Fox News Digital.

“Any other assertion is categorically false, a lie and a political smear from D.C. hacks hoping to save Juan Ciscomani from an early retirement,” the campaign said, referring to the GOP incumbent Mendoza is running against. 

Mendoza did not clarify what she had meant by the 2020 statement. However, her campaign pointed to other comments she made in 2020.

“I do not support defunding the police. Police officers are being asked to do too much. They’re being asked to address issues because of the lack of resources in our communities,” Mendoza said in another virtual event that year.

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The Republican National Committee slammed Mendoza in a statement to Fox News Digital.

“There’s no way for JoAnna Mendoza to spin her extreme anti-police views, and Arizonans will know that she sides with dangerous criminals over them,” Nick Poche, a spokesperson for the RNC, told Fox News Digital.

The “defund the police” platform, which at the time was championed by several progressive Democrats, has aged poorly, leading Republicans and Democrats to view mere mentions of the phrase as a political liability in 2026.

The movement first burst onto the scene through the outrage after the death of George Floyd, a Black Minnesota resident who died after a police arrest in which an officer pinned him to the ground by placing a knee on his neck for an extended period. 

His death sparked an uproar in cities across the country over racism in law enforcement and whether police in America could do more to avoid violence during arrests.

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Demonstrators carry a banner during an “I Can’t Breathe” Silent March For Justice in Minneapolis March 7, 2021.  (Emilie Richardson/Bloomberg via Getty Images)

Although the outrage over Floyd eventually subsided, many of the calls to divert resources away from police persisted as a Democratic platform, leading some cities like Minneapolis and Austin, Texas, to reduce their police budgets.

However, the movement began to draw ire from Democrats who feared the party had taken a stance that could be considered at odds with community safety and worsen their odds at the ballot box.

Rep. Jim Clyburn, D-S.C., the House Majority Whip under U.S. House Speaker Nancy Pelosi, D-Calif., in 2021, said the phrase was “cutting the throats of the party.” 

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“We keep making that mistake. This foolishness about you got to be this progressive or that progressive,” Clyburn said.

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Other Democratic strategists, such as James Carville, have also condemned the platform.

Carville called the slogan “the three stupidest words in the English language” in interviews in 2024 and went as far as suggesting the slogan could have led to the loss of Vice President Kamala Harris in her bid against Donald Trump.

“We could never wash off the stench of it,” Carville added.

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James Carville speaks onstage during Politicon at Music City Center in 2025. (Jason Kempin/Getty Images for Politicon)

Mendoza faces a tough race in Arizona’s 6th Congressional District. Ciscomani, the seat’s current incumbent, narrowly won election in 2024 in a 50%-47.5% victory over Democrat challenger Kirsten Engel.

The district is listed among the Cook Political Report’s most competitive races in 2026, earning one of the 18 seats with a “toss-up” designation.

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Poche believes Mendoza’s previous comments have just made her bid against Ciscomani harder.

“If the Democrats think a defund-the-police radical can beat him, they’re just plain stupid,” Poche said.

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Rangers unveil statue at home ballpark, reigniting historical context debate

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Rangers unveil statue at home ballpark, reigniting historical context debate

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Fans attending the Texas Rangers’ home opening series against the Cincinnati Reds in early April will get their first look at the newly installed, permanent fixture in left field.

Billed as a tribute to the MLB franchise’s namesake, the Rangers unveiled the “One Riot, One Ranger” statue along the left-field concourse at Globe Life Field in Arlington, Texas, Monday.

In 2020, the statue was removed from Dallas Love Field amid heightened racial tensions and the group’s complicated history tied to race relations.

The book “Cult of Glory: The Bold and Brutal History of the Texas Rangers” examined parts of the law enforcement unit’s past. Its publication coincided with nationwide scrutiny of some police practices after the killing of George Floyd in Minnesota.

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Globe Life Field in Arlington, Texas, May 30, 2025, during a game between the Texas Rangers and the St. Louis Cardinals.  (Tim Heitman/Imagn Images)

In an Associated Press account about six years ago, around the time the statue was pulled from the airport, “Cult of Glory” identified the figure as Capt. Jay Banks. The book states that, in 1957, Banks led a group of Rangers believed to have blocked Black students from enrolling at a local high school and community college.

In the article, “Cult of Glory” author Doug Swanson said, “There’s a famous picture of him leaning against a tree in front of Mansfield High School while a black figure hangs in effigy above the school, with Banks making no effort to take it down.

“And Banks sided with the mobs who were there to keep the black kids out. So, he was the face of that.”

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The Texas Rangers take batting practice before facing the San Francisco Giants at Globe Life Field June 8, 2021, in Arlington, Texas.  (Tom Pennington/Getty Images)

Russell Molina, a board member of the Texas Ranger Association Foundation, acknowledged the Rangers’ controversial past but said those who lived “up to the ideal” deserve recognition and argued the statue was not solely meant to represent Banks.

“We recognize that the history of the Texas Rangers, like that of our state and nation, includes moments that must be confronted honestly,” Molina said. “While not everyone who has served across more than two centuries lived up to the ideal, most did, and they deserve to be remembered for their service, sacrifice and commitment to the people of Texas.”

Globe Life Field, the new home of the Texas Rangers March 26, 2020, in Arlington, Texas.  (Ronald Martinez/Getty Images)

Swanson told The Dallas Morning News he hoped the statue’s latest placement would include more context about the organization’s complex past.

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Fox News Digital contacted the baseball franchise’s media relations department but did not immediately receive a response. 

According to Globe Life Field’s official website, “While the ‘One Riot, One Ranger’ statue commemorates the legend surrounding the agency’s involvement in the stoppage of an unsanctioned Dallas prize fight in 1896, it also stands as a tribute to all who have served the organization over its storied history.”

Statues of former MLB stars Iván Rodríguez, Adrián Beltré and Nolan Ryan also stand at the Rangers’ retractable-roof stadium.

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