By 
Story by TIM SULLIVAN
The U.S. Supreme Court says it will take up the case of a death row inmate from Brownsville who has long sought DNA testing in an attempt to prove he did not kill an elderly Brownsville woman in 1998.
The Supreme Court statement Friday comes almost three months after the justices issued a stay of execution for Ruben Gutierrez just 20 minutes before he was to be given a chemical injection. The high court says it will review an appeals court decision that said Gutierrez did not have standing to seek DNA testing of crime scene evidence after his conviction.
Gutierrez’s attorneys say the testing will show Gutierrez was not in the mobile home at the time 85-year-old Escolastica Harrison was robbed and stabbed. Prosecutors have countered that Gutierrez was convicted and condemned under the state’s law of parties because he was with two other men who committed the deadly robbery.
