Thread by @helenprejean

NEWS: The U.S. Supreme Court denied #RodneyReed's cert petition this morning. Don't panic! Texas state courts are considering Rodney's innocence claims. There will be a multi-day state court hearing in Bastrop this September. Justice Sotomayor's statement is worth discussing:

Justice Sotomayor is clearly familiar with #RodneyReed's case. In the very first paragraph of her statement, Justice Sotomayor notes that the prosecution had no physical evidence against Rodney except for a DNA match that is explained by a consensual relationship.

Justice Sotomayor walks through all the evidence that tends to exonerate #RodneyReed and implicate Jimmy Fennell — the new witnesses who corroborate the relationship between Rodney and Stacey Stites, the "expert" witness who retracted his trial testimony, and more...

Justice Sotomayor also notes that new experts say that the prosecution's theory of the case is "medically and scientifically impossible," that incorrect scientific information was presented to the jury, and that evidence contradicting Fennell's testimony was withheld.

Justice Sotomayor discussed the fact that there is now evidence that Jimmy Fennell confessed to murdering Stacey Stites while in prison after he pleaded guilty to kidnapping and sexually assaulting a woman he detained while on-duty as a police officer.

Justice Sotomayor also noted that three additional police officers have come forward with evidence about incriminating statements that Jimmy Fennell made shortly after Stacey Stites was murdered.

Justice Sotomayor then discussed the procedural status of #RodneyReed's case. The Texas Court of Criminal Appeals granted a stay of execution on November 15, 2019. A full hearing on Rodney's innocence claims will happen in the Bastrop trial court this September.

Justice Sotomayor made sure to note that Texas law says that the execution of an actually innocent person is a Due Process violation. She is probably trying to head off an argument that innocence is not a basis for federal courts to grant relief. Innocence does matter!

Justice Sotomayor also cleared up an important issue. She writes that the Texas courts have NEVER considered nor made any rulings about #RodneyReed's actual innocence claims.

Justice Sotomayor also clarifies that the U.S. Supreme Court's denial of certiorari does NOT mean that #RodneyReed is guilty. The U.S. Supreme Court has NEVER made any rulings about whether Rodney is innocent or guilty.

Justice Sotomayor urges the lower courts to consider ALL of the evidence in #RodneyReed's case, not just bits and pieces. It's the whole picture, based on all the evidence, that clearly shows Rodney's innocence.

At the end of her statement, Justice Sotomayor talks about her concerns with #RodneyReed's case. She writes: "Reed has presented a substantial body of evidence that, if true, casts doubt on the veracity and scientific validity of the evidence on which Reed’s conviction rests."

Justice Sotomayor continues: "Misgivings this ponderous should not be brushed aside even in the least consequential of criminal cases; certainly they deserve sober consideration when a capital conviction and sentence hang in the balance."

More from Justice Sotomayor: "It is no trivial moment that the Texas courts have concluded that Reed has presented a substantive claim of actual innocence warranting further consideration and development on the merits."

It's worth reading Justice Sotomayor's conclusion in its entirety:

Justice Sotomayor knows that there is widespread uncertainty around the country about #RodneyReed's case and recognizes that it is dangerous to set that uncertainty aside when a person's life hangs in the balance. It seems like at least one Supreme Court justice heard the outcry.

You can read Justice Sotomayor's full statement about #RodneyReed's case here: supremecourt.gov/opinions/19pdf…

It's refreshing to see Justice Sotomayor engage with all of the facts and evidence in a capital case. Too often, the U.S. Supreme Court brushes aside death penalty cases without even providing a reason. Justice Sotomayor is different – she really understands what's going on.