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Court puts hold on Rodney Reed’s scheduled execution

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The Texas Court of Criminal Appeals Friday afternoon stopped the scheduled execution of death row inmate and convicted murderer Rodney Reed.

The nonprofit Innocence Project, which has been representing Reed in his effort to stay alive, tweeted the court granted a stay of execution that was “indefinite.” A spokeswoman for the court said the stay ruling would be posted on its website shortly.

The move came after the state parole board voted unanimously Friday to recommend Gov. Greg Abbott delay the execution by 120 day. He was scheduled to be put to death next Wednesday.

The Texas Board of Pardons and Paroles, however, also asked that Abbott not commute Reed’s sentence to a lesser penalty. It’s unclear what the governor may decide, and his office did not immediately return a request for comment.

Rodney Reed at a Bastrop County District Court hearing in 2017.Ralph Barrera / Austin American-Statesman via AP file

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The call to halt Reed’s execution by lethal injection has been building in recent weeks, gaining support from a bipartisan group of about 45 state lawmakers, outspoken celebrities, including Kim Kardashian West and Oprah Winfrey, and an online petition.

Reed, now 51, was found guilty by an all-white jury in the 1996 murder of Stacey Stites, a 19-year-old grocery store worker in central Texas. His lawyers have pointed to new witnesses who have come forward and forensic evidence that has been reevaluated to insist he at least deserves a new trial. That includes at least 11 people who have recently cast doubt on Reed’s conviction and, in some cases, implicated Stites’ fiancé, Jimmy Fennell.

The parole board’s recommendation comes as Reed’s legal team has multiple appeals and motions filed and pending along various legal tracks. His lawyers have asked Abbott, a Republican, to stop the execution. Abbott has not commented publicly on the issue.

The Supreme Court might also take up the case, reinvigorating Reed’s supporters, some of whom camped out overnight Thursday to hold vigils outside of the high court awaiting a decision.

“When the whole world watches, it’s going to be hard for someone to make a mistake,” Reed’s brother, Rodrick Reed, said during a rally Thursday night near the Supreme Court. “That gives us a lot of hope and a lot of confidence that the right thing will eventually come out of this.”

Last year, the high court had refused to review an earlier Texas Court of Criminal Appeals ruling that rejected further DNA testing in the case — paving the way for Reed’s execution.

During Reed’s trial in 1998, prosecutors said he randomly encountered Stites on the road as she drove to work at a grocery store in Bastrop, east of Austin. After she stopped for him, they said, Reed raped and strangled Stites with her own belt, leaving her body in a wooded area. Stites was weeks away from getting married to Fennell, a police officer.

Semen was found inside Stites, and police matched the DNA to that of Reed, who was arrested a year later. Reed’s sperm had previously been collected as part of an unrelated sexual assault investigation.

Reed initially denied to investigators that he knew Stites, but later said they had been having a consensual sexual relationship, one that they tried to keep concealed because he is black and Stites was white.

An attorney for Fennell has denied his client’s involvement in Stites’ death.

Dennis Romero contributed.



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Highlights from Yovanovitch's impeachment testimony

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Watch highlights from day two of the public hearing of President Trump’s impeachment inquiry, featuring former Ukraine Ambassador Marie Yovanovitch

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Trump asks Supreme Court to block House subpoena for his financial records

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WASHINGTON — Lawyers for President Trump asked the U.S. Supreme Court on Friday to put a hold on a subpoena from a House committeeseeking eight years of his financial documents.

The case may produce the first action by the justices on the growing number of legal battles over access to Donald Trump’s financial secrets. A lower court order upholding the subpoena takes effect on Nov. 20. So unless the Supreme Court acts quickly, the president’s accounting firm, Mazars, will be required to turn the material over.

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The Trump legal team told the justices in a court filing on Friday that if the lower court rulings are allowed to stand, any committee of Congress could subpoena any personal information it wants from a president.

“Given the temptation to dig up dirt on political rivals, intrusive subpoenas into personal lives of presidents will become our new normal in times of divided government — no matter which party is in power,” Trump’s team said.

The House Government Oversight committee issued the subpoena in April, ordering the accounting firm to turn over Trump-related financial documents covering 2011 through 2018. The committee said it acted after former Trump lawyer Michael Cohen testified that “Mr. Trump inflated his total assets when it served his purposes and deflated his assets to reduce his real estate taxes.”

House Democrats said they need the documents to investigate whether the president accurately filled out required financial disclosure forms. But the Trump lawyers said the congressional subpoena power is limited to material needed to legislate, not to conduct criminal-style investigations. A federal judge and the Washington, D.C., court of appeals rejected the president’s efforts to stop the subpoena.

Lawyers for the House have argued that the subpoena presents no threat to the president’s ability to carry out his duties, because it is directed to his accountants doesn’t require him to do anything. In dissents, two appeals court judges said they disagreed. “The subpoena in substance targets his records,” said Gregory Katsas and Karen Henderson of the D.C. appeals court.

On Thursday, the president’s lawyers asked the Supreme Court to grant their appeal in a separate case challenging a subpoena for his tax returns and other business records from the Manhattan district attorney. The Trump lawyers because a president cannot be indicted while in office, he is immune from any part of the criminal justice process.

While the two cases present different legal issues, the court could decide to consider them together. There is no deadline for the court to act.



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