By Juan A. Lozano - The Associated Press
A second inmate managed to delay his execution in Texas after alleging that the state is violating his religious freedom by not allowing
his spiritual advisor to lay hands on him
at the time of the lethal injection.
Rubén Gutiérrez
was to be executed on October 27 for stabbing an 85-year-old Brownsville woman in 1998
.
However, a judge on Wednesday agreed to a request from the Cameron County Prosecutor's Office to set aside the execution date.
[The first case occurred just a week ago: a Latino from Texas sentenced to death, John Henry Ramirez, managed to suspend his death sentence after denouncing that his wish that his pastor give him last rites was not fulfilled]
Prosecutors said Gutiérrez's case will be affected by the upcoming US Supreme Court review of the similar claim made on Ramírez's religious freedom last week.
"As the case of Ramírez can be decisive for any issue related to Gutiérrez's demand for religious freedom, it is in the best interest of the State and the family of the victim of Gutiérrez's crimes that his execution be delayed," argued the prosecutors on a motion filed Tuesday.
[New York millionaire Robert Durst is convicted of the murder of his best friend 20 years ago]
In June 2020, Gutiérrez
was within an hour of being executed
when the Supreme Court granted him a postponement because his spiritual advisor was not allowed to be with him in the death chamber.
A month ago, Gutiérrez's lawyers filed a lawsuit in federal court alleging that the Texas Department of Criminal Justice violated his right to practice his religion by denying him that his priest would touch him on the shoulder, pray aloud, and grant him last rites. when he was executed.
Gutiérrez, 44, argued that those three things should be done "
to ensure his path to the afterlife,
" according to the lawsuit.
His attorneys cited the First Amendment to the Constitution and a federal law protecting the religious rights of inmates.
Ramírez made similar allegations when he was granted a suspension.
In recent years, the Supreme Court has heard cases about
the presence of spirit guides in the death chamber
, but has not issued a final ruling on the matter.
That could change on November 1, after hearing oral arguments in Ramírez's lawsuit.
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In February 2019, the court was criticized for refusing to stop the execution of Alabama inmate Domineque Ray who asked to have his Islamic spiritual advisor in the death chamber, but a month later did grant a stay for Texas inmate Patrick. Murphy who requested the presence of his Buddhist spiritual adviser during the execution.
Since then, the Supreme Court has delayed several executions over the request for spiritual advisers.
After Murphy's execution was stayed, the Texas prison system barred clerics from the death chamber.
Texas previously allowed those hired by the state to accompany inmates, but its prison staff included only Christian and Muslim clergy.
In April, the Texas prison system revoked its two-year ban.
The new policy
allows an inmate's approved spiritual advisor to be in the chamber, but they cannot have any contact
, nor are prayers allowed during the execution.
Texas prison officials say direct contact poses a security risk and prayers aloud could be disruptive.
Robert Dunham, executive director of the Center for Information on the Death Penalty, said the Ramírez case is an opportunity for the Supreme Court to determine whether inmates have the right to a spiritual advisor in the death chamber and, if so , which establishes what should be allowed.
"That this case offers the Court the possibility of establishing a model of what is and what is not acceptable is not a guarantee that they will do so," said Dunham, whose group does not pronounce on capital punishment but Yes, he has criticized the way in which states carry out executions.
If the Supreme Court does not provide clear guidance, this issue will continually arise
, Dunham said.
Long,
Gutierrez says he did not kill Scholastica Harrison
during what prosecutors say
was an attempted robbery of more than $ 600, 000 the old woman hid in her house.
His lawyers have requested DNA evidence that they say could point to the real killer.
Prosecutors have said that the request is a "ruse" and that Gutiérrez was convicted on various pieces of evidence, including a confession.