The Supreme Court on Thursday ruled in favor of a death row inmate convicted of killing a Brownsville woman who is seeking DNA testing to show he should be ineligible for execution.

The case out of Cameron County is now heading to the 5th Circuit Court of Appeals in New Orleans.

Ruben Gutierrez was sentenced to death for the 1998 killing of retired Brownsville teacher Escolastica Harrison at her home during a robbery.

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Gutierrez had several executions dates scheduled that were delayed, the latest of which was in July 2024 when the Supreme Court granted Gutierrez a stay of execution 20 minutes before he was to receive a lethal injection.

"Our family's tired. We’re tired of crying and waiting and wondering, and we just want closure,” Alex Hernandez said.

Hernandez is the nephew of Escolastica Harrison, and he said he’s not happy with the Supreme Court ruling.

“This is ridiculous that this has gone on for this long, all faith that will be taken care of when it goes to New Orleans,” Hernandez said.

Gutierrez’s defense team said the testing will prove their client did not take part in Harrison's murder. 

“There's no reason to test the DNA, the case was tried without any DNA and convicted without any DNA," Hernandez said.

Cameron County District Attorney Luis V. Saenz said he was not surprised by the Supreme Court decision, but feels DNA testing won't change the outcome of this case. 

“The evidence continues to show that Gutierrez was the mastermind, that Gutierrez was there, that Gutierrez gave statements implicating himself,” Saenz said. 

Saenz said he believes the New Orleans court will appeal the DNA testing, adding that the court has heard the case before and denied Gutierrez’s request in the past. 

Gutierrez wants three items tested, including a strand of hair, Harrison’s fingernail clippings and clothing. 

“The blood on the t-shirt is gonna be Mrs. Harrison, she's the only one that got stabbed that day,” Saenz said. "So what does that prove? That doesn't prove that Gutierrez wasn't there, that doesn't prove that Gutierrez didn't stab her."

Gutierrez’s attorney, Shawn Nolan, said DNA will prove that his client was not inside Harrison's home when she was killed.

“He has always maintained that he was not involved in this killing, and we're just hopeful that we'll get the right result here, and he should not be executed,” Nolan said.

After multiple court hearings and halted executions, Harrison's family is ready for this to be over.

“We still want him to pay for his crime, and that would be by execution,” Hernandez said.

Saenz said it’s unclear when the 5th Circuit Court of Appeals will make a decision on the DNA test, but he's hopeful they'll make a ruling within the next 12 months.

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