Three U.S. Supreme Court Justices Decry “Inexplicable” Texas Refusal to Test DNA in Rodney Reed Case

Texas pros­e­cu­tors sent Rodney Reed to death row for the 1996 mur­der of Stacey Stites, whom they argued was stran­gled with her own leather belt. Yet for over a decade, state offi­cials have fought Mr. Reed’s requests to test that belt for the killer’s DNA. In 2023, the United States Supreme Court ruled that Mr. Reed’s law­suit seek­ing the test was time­ly, and last year it struck down Texas’ attempts to block DNA test­ing in two oth­er cap­i­tal cas­es. However, on March 23, the Court refused to hear Mr. Reed’s most recent appeal after Texas courts again denied test­ing, this time on new grounds. Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson dis­sent­ed from the denial of cer­tio­rari in a sear­ing opin­ion that high­light­ed the racial bias in Mr. Reed’s case, the evi­dence cast­ing seri­ous doubt on his guilt, and the inex­plic­a­ble” refusal of state offi­cials and low­er courts to per­mit DNA test­ing that could con­firm the iden­ti­ty of Ms. Stites’ killer. 

Texas law allows cap­i­tal pris­on­ers to seek DNA test­ing of evi­dence dur­ing their post­con­vic­tion appeals, but state pros­e­cu­tors have con­sis­tent­ly fought these efforts with pro­ce­dur­al objec­tions — even when, as in Mr. Reed’s case, the pris­on­er offers to pay for the test­ing. The Texas Court of Criminal Appeals and Fifth Circuit Court of Appeals have con­sis­tent­ly ruled in favor of the state using nar­row inter­pre­ta­tions of the law. As a result, though Texas leg­is­la­tors sought to strength­en the legal path­way for pris­on­ers to pur­sue inno­cence claims using foren­sic and tech­no­log­i­cal advance­ments, state pros­e­cu­tors have suc­ceed­ed in block­ing that path in vir­tu­al­ly every cap­i­tal case

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