The U.S. Supreme Court halted the execution of a death row inmate in Texas roughly an hour before it was planned, granting the stay pending a ruling on whether to allow a Catholic chaplain into the execution chamber to accompany the inmate, numerous sources reported.
Ruben Gutierrez, 42, was scheduled to receive a lethal injection at the Texas State Penitentiary at Huntsville Tuesday. Gutierrez, his lawyers and Catholic leaders had pleaded with Republican Texas Gov. Greg Abbott and the U.S.Supreme Court to intervene to challenge Texas’ new policy of preventing spiritual advisers from entering the chamber on constitutional grounds, UPI reported.
UPDATE!!!! Thank you Supreme Court of the United States for granting a Stay of Execution for Ruben Gutierrez! Now his case will go back to the lower courts to decide the issues with his case! pic.twitter.com/5KffWWmet9
— Kim Kardashian West (@KimKardashian) June 17, 2020
The justices blocked the execution roughly an hour before it was scheduled, and the decision on Gutierrez’s petition, which alleges his religious rights are being violated, is expected at a later date according to ABC 13.
BREAKING: The Supreme Court has stayed #RubenGutierrez‘s execution. https://t.co/wDCu1xjzWa @DPInfoCtr #Texas #deathpenalty pic.twitter.com/TKdIfYF5Ri
— Robert Dunham (@RDunhamDPIC) June 16, 2020
“As a devout Catholic, Mr. Gutierrez’s faith requires the assistance of clergy to help him pass from life into afterlife. The Texas Department of Criminal Justice changed its policy for its own convenience, but spiritual comfort at the time of death is not a convenience; it’s a protected legal right,” Shawn Nolan, one of Mr. Gutierrez’s attorneys said after the stay was granted according to ABC 13. (RELATED: Justice Department Asks Supreme Court To Allow Execution Of Four Child Murderers)
The Texas Catholic Conference of Bishops filed an amicus brief supporting Gutierrez’s petition to have a Catholic chaplain accompany him in the execution chamber, according to UPI.
“To deny a prisoner facing imminent execution access to spiritual and religious guidance and accompaniment is cruel and inhuman,” said Bishop Daniel Flores of Brownsville ABC 13 reported.
Texas banned clergy from entering the execution chamber in 2019 following a Supreme Court ruling that halted the execution of another inmate who had requested a Buddhist adviser be allowed in the chamber, and was prevented from doing so.
Gutierrez also claims he is innocent. Gutierrez was convicted of the 1998 murder of trailer park owner Escolastica Harrison, who was beaten and stabbed 13 times with two different screwdrivers and robbed her of about $600,000 in cash. Gutierrez has requested testing of additional evidence to prove he didn’t take part in the murder and had only organized the robbery, according to UPI.
The Supreme Court said if it were to rule in in favor of Gutierrez, it would ask a lower court to “determine, based on whatever evidence the parties provide, whether serious security problems would result if a prisoner facing execution is permitted to choose the spiritual adviser the prisoner wishes to have in his immediate presence during the execution.”
Gutierrez’s execution would have been the first one in Texas since coronavirus shut down state operations after the last execution in February.