The Supreme Court announced Monday it will consider how long a prisoner can take to bring a claim for DNA testing of a crime scene in the case of a Texas death row inmate.
Rodney Reed, a Black man, was sentenced to death for the 1998 killing of Stacey Stites, a White woman. He claims that he was having a consensual sexual relationship with her and that her boyfriend, a White police officer, was the last one to be seen with the victim.
Reed’s lawyers argue that the boyfriend’s apartment, which he shared with the victim, was never properly searched.
In his filing to the high court, Reed claims the boyfriend was lying and his account of that night has been contradictory. He also said the couple had a violent relationship.
Additionally, the police officer was imprisoned in 2008 for a kidnapping and sexual assault, according to Reed’s court filing.
Reed’s sperm was found in the victim, but he contends sperm can remain present for days, citing scientific research, and wants to present that evidence.
“Despite all this, Mr. Reed remains sentenced to death, and key crime-scene evidence has never been DNA-tested,” his lawyers told the Supreme Court in their brief.
A lower court barred him from pursuing the DNA testing, arguing he did not timely file his claim. But other appellate courts allow for a longer time to file such challenges, so Reed appealed to the justices.
The state of Texas had urged the court not to hear Reed’s case.
“Over the last 25 years, multiple courts have admonished Reed for his abuse of the judicial process. This suit is another in a long line of dilatory litigation tactics,” the state argued.
The justices will review Reed’s case during the next term, which begins in October after the court’s summer recess.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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