Rodney Reed
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Rodney Rodell Reed (born December 22, 1967) is an American
death row Death row, also known as condemned row, is a place in a prison that houses inmates awaiting execution after being convicted of a capital crime and sentenced to death. The term is also used figuratively to describe the state of awaiting executio ...
inmate who was convicted on May 29, 1998, by a
Bastrop County Bastrop County is located in the U.S. state of Texas. It is in Central Texas and its county seat is Bastrop. As of the 2020 census, the population was 97,216. Bastrop County is included in the Austin–Round Rock, Texas, metropolitan ...
District Court jury for the April 1996 abduction,
rape Rape is a type of sexual assault involving sexual intercourse, or other forms of sexual penetration, carried out against a person without consent. The act may be carried out by physical force, coercion, abuse of authority, or against a person ...
, and
murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse committed with the necessary Intention (criminal law), intention as defined by the law in a specific jurisd ...
of Stacey Stites, a 19-year-old resident of
Giddings, Texas Giddings is the county seat of Lee County, Texas, United States situated on the intersection of U.S. Highway U.S. Route 77 in Texas, 77 and U.S. Route U.S. Route 290, 290. Its population was 5,129 at the 2010 United States census, 2010 census. H ...
. Although Reed initially denied knowing Stites, after his DNA matched semen inside Stites's dead body, Reed said that he was having a clandestine affair with Stites and that they had consensual sex the day before her death. During the penalty phase of the trial, the state argued for capital punishment on the basis of Reed being suspected in the rapes of four women and a 12-year-old and an attack on another woman. Reed was
sentenced to death Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence ordering that an offender be punished in s ...
on May 29, 1998, and is incarcerated at the
Allan B. Polunsky Unit Allan B. Polunsky Unit (TL, formerly the Terrell Unit) is a prison in West Livingston, unincorporated Polk County, Texas, United States, located approximately southwest of Livingston along Farm to Market Road 350. - Note the 2010 U.S. C ...
death row facility in
Polk County, Texas Polk County is a county located in the U.S. state of Texas. As of the 2020 census, its population was 50,123. Its county seat is Livingston. The county is named after President James K. Polk. The Alabama-Coushatta Indian Reservation of the f ...
. His conviction and death sentence remain controversial. Reed was scheduled to be executed on November 20, 2019, but doubt over Reed's guilt led to bipartisan support for a stay of his execution from Texas state legislators, as well as numerous celebrities and other public figures. On November 15, 2019, the
Texas Board of Pardons and Paroles The Texas Board of Pardons and Paroles (BPP) is a state agency that makes parole and clemency decisions for inmates in Texas prisons. It is headquartered in Austin, Texas. The BPP was created by constitutional amendment in 1935. It determines wh ...
unanimously recommended that Texas Governor
Greg Abbott Gregory Wayne Abbott ( ; born November 13, 1957) is an American politician, attorney, and jurist who has served since 2015 as the 48th governor of Texas. A member of the Republican Party (United States), Republican Party, he served from 2002 to ...
grant Reed a 120-day reprieve. Later that day, the
Texas Court of Criminal Appeals The Texas Court of Criminal Appeals (CCA) is the court of last resort for all criminal matters in Texas. The Court, which is based in the Supreme Court Building in Downtown Austin, is composed of a presiding judge and eight judges. Article V ...
indefinitely stayed Reed's execution to review his claims of
actual innocence Actual innocence is a special standard of review in legal cases to prove that a charged defendant did not commit the crimes that they were accused of, which is often applied by appellate courts to prevent a miscarriage of justice. Overview of ...
. His execution was further delayed in 2023 when the
Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
authorized Reed to seek DNA testing on the murder weapon.


Early life

Reed's father, Walter, was a native of
Bastrop, Texas Bastrop () is a city and the county seat of Bastrop County, Texas, United States. The population was 9,688 according to the 2020 census. It is located about southeast of Austin and is part of the Greater Austin metropolitan area. History S ...
, and an
Air Force An air force in the broadest sense is the national military branch that primarily conducts aerial warfare. More specifically, it is the branch of a nation's armed services that is responsible for aerial warfare as distinct from an army aviati ...
veteran while his mother, Sandra, was a nurse. Reed was raised with his six brothers in
Texas Texas ( , ; or ) is the most populous U.S. state, state in the South Central United States, South Central region of the United States. It borders Louisiana to the east, Arkansas to the northeast, Oklahoma to the north, New Mexico to the we ...
and attended
Hirschi High School John R. Hirschi Math/Science International Baccalaureate Magnet High School, commonly known as Hirschi High School or HHS, was a four-year public high school in Wichita Falls, Texas, located at 3106 Borton Lane. It was an accredited International ...
in
Wichita Falls, Texas Wichita Falls ( ) is a city in and the county seat of Wichita County, Texas, United States. It is the principal city of the Wichita Falls metropolitan area, Wichita Falls metropolitan statistical area, which encompasses all of Archer County, Tex ...
. He played on the school's football team and was a state
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champion boxer.


Murder of Stacey Stites

Stacey Stites, a 19-year-old resident of Giddings, Texas, was found dead on April 23, 1996. Police had received a call at 3:11 pm notifying them that her unidentified body had been discovered in some bushes near a dirt road behind Bastrop High School in Bastrop, Texas. A pickup truck that belonged to Stites' fiancé that she regularly drove to work had been found earlier, parked at the school nearby. The authorities determined that Stites had been beaten, sodomized, and raped before being strangled to death with her belt sometime between 3:00 and 5:00 am. When discovered in the bushes, Stites was wearing a black bra and jeans. Part of the belt that had been used to kill her was found near her body, and the other part of the belt was found near the truck. Her body had been partially burned, and her shirt was found nearby. Stites had lived in Giddings with her fiancé, a local police officer, Jimmy Fennell Jr., whom she was scheduled to marry in three weeks. Her fiancé said he last saw her around 3:00 am after the couple showered together and she left for work. Bastrop High School was en route from their home in Giddings on the way to her workplace in the produce section at the
H-E-B H-E-B Grocery Company, LP, is an American privately held company, privately held supermarket chain based in San Antonio, San Antonio, Texas, with more than 435 stores throughout Texas and Mexico. The company also operates Central Market (Texas) ...
grocery store in Bastrop. After Stites did not arrive for her 3:30 am shift, the store called her mother, who then called the police. H-E-B offered a $50,000 reward for information leading to the capture of her killer, but it went unclaimed. On July 12, 1996, an anonymous woman called the authorities once and said she believed that her son may have been with Stites in the hours before she was killed, but the call could not be traced. Stites was buried in her hometown of Corpus Christi on April 26, 1996. Her brother never recovered from her death and died by suicide in 1997.


Arrest and trial

The authorities began to suspect Reed had been involved in the Stites murder based on similarities in the case to an attack on another woman six months later on November 9, 1996. Linda Schlueter, age 19, had agreed to give a ride to a man she met after stopping at a drive-up payphone at a now-closed Long's Star Mart. When she went to drop him off, he attacked her and said he would kill her if she failed to perform sexual acts upon him, but then fled the scene with her vehicle after seeing car lights approaching. Reed was detained by police based on Schlueter's description, and she subsequently picked him out of a photo line-up. The police department had been familiar with him because of prior arrests. Schlueter's vehicle was found close to where Stites's pickup truck had been abandoned at Bastrop High School. DNA extracted from three sperm found in Stites' vagina and saliva found on her chest matched to Reed. Local law enforcement already had Reed's DNA on file from an investigation into an alleged rape of a woman with intellectual disabilities in May 1995. Reed was officially charged with the murder of Stacey Stites on April 4, 1997, and held without bond. At the time, he was already in jail on an unrelated charge. He was indicted and "charged with two counts of
capital murder Capital murder refers to a category of murder in some parts of the US for which the perpetrator is eligible for the death penalty. In its original sense, capital murder was a statutory offence of aggravated murder in Great Britain, Northern Irela ...
, one for murder in the course of
aggravated sexual assault The precise definitions of and punishments for aggravated sexual assault and aggravated rape vary by country and by legislature within a country. Effects on victims Aggravated sexual assault can lead to short- or long-term effects. Many peopl ...
and one for murder in the course of
kidnapping Kidnapping or abduction is the unlawful abduction and confinement of a person against their will, and is a crime in many jurisdictions. Kidnapping may be accomplished by use of force or fear, or a victim may be enticed into confinement by frau ...
." His arraignment was scheduled for May 29, 1997, and jury selection began in March 1998. The jury was described as "mostly white", with no African-Americans among the 12 jurors or two alternates. The case against Reed rested heavily upon the DNA evidence, with no additional physical evidence or eyewitness testimony. Upon his initial questioning by police and before he learned about the DNA evidence, Reed denied knowing Stites outside of what he had heard in news reports. At trial, Reed's defense attorneys, Lydia Clay-Jackson and Calvin Garvey, argued that there had been a clandestine sexual relationship between Reed and Stites. Reed said that he initially denied knowing Stites because it would be best for him not to admit to knowing "a dead white girl" and later because "I knew she was seeing a cop, and we're in the South. There's still a lot of racism going on." The prosecutors noted that Reed had previously used a similar defense of a clandestine affair when charged with a different aggravated rape in 1987 which had led to him being acquitted. According to prosecutor Lisa Tanner, DNA evidence was taken from 15 suspects, including Stites' fiancé and individuals who allegedly confessed to or bragged about the killing. DNA testing eliminated everyone except Reed as the source of the semen. Police investigators claimed that they could find no one who would attest to a relationship between Reed and Stites, including her mother and sister, and the defense brought forward no witnesses who could testify to the affair. Further, Stites' mother claimed that her daughter and her fiancé "looked happy and in love". However, in 2021 prosecutors disclosed that three co-workers of Stites had given statements to the police that Reed and Stites knew each other and appeared "close". This evidence was not presented at Reed's trial. The prosecution put forward the DNA evidence and speculated that Reed may have ambushed Stites at a railroad crossing or a stoplight on her way to work the morning of the murder. Reed's defense attempted to implicate either Fennell, whom they portrayed as a controlling and possessive partner and would later served 10 years in prison for kidnapping and raping a woman in 2007, or David Lawhon, who had raped and murdered another woman, Mary Ann Ardlt, in
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ten days after Stites' murder. Several witnesses recalled that Lawhon had dated a woman they believed to be Stites in the past, although the prosecution suggested they had confused Stites with one of Lawhon's other girlfriends. Other witnesses claimed that Lawhon, after killing Ardlt, had bragged about killing Stites as well. Lawhon himself, serving a 50-year prison sentence for the Ardlt murder, refused to testify citing his
right against self-incrimination The right to silence is a legal principle which guarantees any individual the right to refuse to answer questions from law enforcement officers or court officials. It is a legal right recognized, explicitly or by convention, in many of the worl ...
. In rebuttal, the prosecution emphasized that both Fennell and Lawhon had been excluded by DNA testing. The defense also called Iris Lindley, a friend of Reed's parents, to establish the existence of a relationship between Reed and Stites. Lindley testified that in early 1996 a white woman with brown hair whose name was "either Stacey or Stephanie" had come looking for Reed and she had believed this woman was Reed's girlfriend. She pointed to a photo of Stites as looking similar to this woman. Reed was convicted on May 18, 1998, after a jury deliberation of six hours. Stites' family and friends were relieved by the conviction. Reed's family wept because they were convinced that he was innocent. He was sentenced to death on May 28, 1998, after a deliberation of four hours. During sentencing, prosecutors pushed for the death penalty by arguing that Reed was likely to pose a danger in the future based on a history of similar previous charges. To bolster their case, the prosecution brought forward women Reed allegedly raped: Schlueter, a 12-year-old girl, the intellectually disabled woman, and a woman named Vivian Harbottle to testify against him in the penalty phase. The prosecution asserted that DNA found on them matched Reed.


Appeals and stays of execution

Reed has unsuccessfully appealed nine times on grounds of ignored witnesses and evidence that may have raised
reasonable doubt Beyond (a) reasonable doubt is a legal standard of proof required to validate a criminal conviction in most adversarial legal systems. It is a higher standard of proof than the standard of balance of probabilities (US English: preponderance of ...
but was not handed over to defense attorneys because prosecutors claimed that it was irrelevant. Reed's attorneys have subsequently argued that the broken belt used in the murder has never been tested for DNA and that forensic experts have admitted to making errors in their testimony. His case has since been taken up by the
Innocence Project Innocence Project, Inc. is a 501(c)(3) nonprofit legal organization that works to exonerate the wrongly convicted through DNA testing and other forms of post-conviction relief, as well as advocates for criminal justice reform to prevent futur ...
. Reed was scheduled to be executed on January 14, 2015, but the execution was rescheduled to March 5, 2015, based on a request by the state. On February 23, 2015, his execution was stayed to allow the consideration of further evidence. His execution was later rescheduled for November 20, 2019. In the weeks preceding the November execution date, celebrities such as
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,
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,
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,
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,
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,
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,
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, and
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publicly urged Texas Governor
Greg Abbott Gregory Wayne Abbott ( ; born November 13, 1957) is an American politician, attorney, and jurist who has served since 2015 as the 48th governor of Texas. A member of the Republican Party (United States), Republican Party, he served from 2002 to ...
to exonerate Reed or stay his execution. Some, such as
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, have rescinded their support for Reed's exoneration after learning more about his history. The case received coverage in major news outlets, and Reed was interviewed on an episode of ''
Dr. Phil Phillip Calvin McGraw (born September 1, 1950), also known as Dr. Phil, is an American television personality and author who is best known for hosting the talk show '' Dr. Phil''. He holds a doctorate in clinical psychology, though he ceased ...
'', in which host
Phil McGraw Phillip Calvin McGraw (born September 1, 1950), also known as Dr. Phil, is an American television personality and author who is best known for hosting the talk show '' Dr. Phil''. He holds a doctorate in clinical psychology, though he ceased ...
opined that Reed should not be executed because he had not received a fair trial. By November 14, 2019, a petition to free Reed started by
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had reportedly garnered more than three million signatures. A bipartisan group of 16 Texas state senators has petitioned Abbott to stay the death penalty on grounds that new, possibly exculpatory evidence had come to light. On November 15, 2019, the
Texas Board of Pardons and Paroles The Texas Board of Pardons and Paroles (BPP) is a state agency that makes parole and clemency decisions for inmates in Texas prisons. It is headquartered in Austin, Texas. The BPP was created by constitutional amendment in 1935. It determines wh ...
unanimously recommended that Texas Governor
Greg Abbott Gregory Wayne Abbott ( ; born November 13, 1957) is an American politician, attorney, and jurist who has served since 2015 as the 48th governor of Texas. A member of the Republican Party (United States), Republican Party, he served from 2002 to ...
grant Reed a 120-day reprieve. Later that day, the
Texas Court of Criminal Appeals The Texas Court of Criminal Appeals (CCA) is the court of last resort for all criminal matters in Texas. The Court, which is based in the Supreme Court Building in Downtown Austin, is composed of a presiding judge and eight judges. Article V ...
indefinitely stayed Reed's execution to review claims of ''Brady'' violations, false testimony, and actual innocence. On February 24, 2020, the Supreme Court announced that it would not be taking up Reed's appeal, citing ongoing litigation in lower courts. On October 31, 2021, a Bastrop County judge appointed to reexamine the case recommended to the Texas Court of Criminal Appeals that Reed should not receive a new trial. On June 28, 2023, the Texas Court of Criminal Appeals denied Rodney Reed a new trial. The appeals court wrote in its 7-1 ruling that Reed had not "demonstrated that he is more-likely-than-not innocent". Reed applied to the Supreme Court for a writ of
certiorari In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of a prerogative writ in England, issued by a superior court to direct that the recor ...
, a request which was rejected without comment in July 2024.


''Reed v. Goertz''

On April 25, 2022, the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
agreed to hear Reed's case. Reed argued that the belt used to commit the murder was never tested for DNA and that the state's statute of limitations on when a DNA test could be performed on evidence was unconstitutional, and claimed he should have been permitted to begin federal appeals once all state litigation had been completed, rather than immediately after the initial ruling that denied the testing. The case was set to be heard on October 11, 2022. During Reed's hearing, the state argued that Reed was merely trying to delay his execution, which Chief Justice
John Roberts John Glover Roberts Jr. (born January 27, 1955) is an American jurist serving since 2005 as the 17th chief justice of the United States. He has been described as having a Moderate conservatism, moderate conservative judicial philosophy, thoug ...
had expressed concerns over. Other justices, including
Neil Gorsuch Neil McGill Gorsuch ( ; born August 29, 1967) is an American jurist who serves as an Associate Justice of the Supreme Court of the United States, associate justice of the Supreme Court of the United States. He was Neil Gorsuch Supreme Court ...
and
Elena Kagan Elena Kagan ( ; born April 28, 1960) is an American lawyer who serves as an Associate Justice of the Supreme Court of the United States, associate justice of the Supreme Court of the United States. She was Elena Kagan Supreme Court nomination ...
, questioned Texas Solicitor General Judd Stone's view that Reed had filed his appeal too late. On April 19, 2023, SCOTUS sided with Reed on the statute of limitations question in a 6–3 decision.


In popular culture

Reed was the subject of the 2006 documentary film ''State vs. Reed'' and a 2018 episode of the
CNN Cable News Network (CNN) is a multinational news organization operating, most notably, a website and a TV channel headquartered in Atlanta. Founded in 1980 by American media proprietor Ted Turner and Reese Schonfeld as a 24-hour cable ne ...
series ''Death Row Stories''.


See also

*
List of death row inmates in the United States , there were 2,067 death row inmates in the United States, including 46 women. The number of death row inmates changes frequently with new convictions, appellate decisions overturning conviction or sentence alone, commutations, or deaths (throug ...
*
List of people scheduled to be executed in the United States A list is a set of discrete items of information collected and set forth in some format for utility, entertainment, or other purposes. A list may be memorialized in any number of ways, including existing only in the mind of the list-maker, but ...


References

{{DEFAULTSORT:Reed, Rodney 1967 births Living people American people convicted of murder American prisoners sentenced to death American rapists People convicted of murder by Texas Prisoners sentenced to death by Texas Criminals from Texas Violence against women in Texas 20th-century American criminals American male criminals 20th-century African-American people