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Supreme Court Stays Execution of Texas Inmate Over Issue of Spiritual Adviser | Supreme Court Stays Execution of Texas Inmate Over Issue of Spiritual Adviser |
(about 7 hours later) | |
The Supreme Court stayed the execution of a Texas inmate on Tuesday, about an hour before it was to occur, in response to his lawyers’ argument that his religious liberty was violated when he was denied a request to have a Christian chaplain present during his execution. | The Supreme Court stayed the execution of a Texas inmate on Tuesday, about an hour before it was to occur, in response to his lawyers’ argument that his religious liberty was violated when he was denied a request to have a Christian chaplain present during his execution. |
The inmate, Ruben Gutierrez, who was scheduled to die by injection, had been convicted of fatally stabbing a woman in 1998. | The inmate, Ruben Gutierrez, who was scheduled to die by injection, had been convicted of fatally stabbing a woman in 1998. |
The request to have a Christian chaplain in the execution room was routine in Texas executions until last year, when the Supreme Court issued an order suggesting that inmates of all religions should be allowed spiritual advisers or none should be allowed at all. In response, Texas banned all religious advisers. | The request to have a Christian chaplain in the execution room was routine in Texas executions until last year, when the Supreme Court issued an order suggesting that inmates of all religions should be allowed spiritual advisers or none should be allowed at all. In response, Texas banned all religious advisers. |
The Supreme Court on Tuesday ordered a lower court to determine whether the presence of a spiritual adviser in the execution chamber poses a security risk. The Supreme Court said its stay would remain in place until it decided whether to hear the case after lower courts rule and, if it did, until it issued a decision. | The Supreme Court on Tuesday ordered a lower court to determine whether the presence of a spiritual adviser in the execution chamber poses a security risk. The Supreme Court said its stay would remain in place until it decided whether to hear the case after lower courts rule and, if it did, until it issued a decision. |
“The District Court should promptly determine, based on whatever evidence the parties provide, whether serious security problems would result if a prisoner facing execution is permitted to choose the spiritual adviser the prisoner wishes to have in his immediate presence during the execution,” the Supreme Court said. | “The District Court should promptly determine, based on whatever evidence the parties provide, whether serious security problems would result if a prisoner facing execution is permitted to choose the spiritual adviser the prisoner wishes to have in his immediate presence during the execution,” the Supreme Court said. |
The execution of Mr. Gutierrez would have been the first in Texas since Feb. 6, when executions stopped because of risks to prison officers from the coronavirus. | The execution of Mr. Gutierrez would have been the first in Texas since Feb. 6, when executions stopped because of risks to prison officers from the coronavirus. |
Shawn Nolan, one of Mr. Gutierrez’s lawyers, said Mr. Gutierrez’s faith required the assistance of clergy to help him pass from life into afterlife. | Shawn Nolan, one of Mr. Gutierrez’s lawyers, said Mr. Gutierrez’s faith required the assistance of clergy to help him pass from life into afterlife. |
“He’s been Catholic his whole life and maintains his Christian faith,” Mr. Nolan said. “At that last moment of life, to have a connection with your minister is such an important thing.” | “He’s been Catholic his whole life and maintains his Christian faith,” Mr. Nolan said. “At that last moment of life, to have a connection with your minister is such an important thing.” |
Mr. Nolan asked the Supreme Court to stay the execution after an appeals court last week overturned a stay. | Mr. Nolan asked the Supreme Court to stay the execution after an appeals court last week overturned a stay. |
Luis V. Saenz, the Cameron County district attorney, said that his office would “double down” to fight the challenge. “Personally, I’m terribly disappointed for the victim’s lone surviving 93-year-old sister who has once again been denied justice,” he said in a statement on Tuesday. “As a prosecutor, this changes nothing. It only delays his ultimate fate.” | Luis V. Saenz, the Cameron County district attorney, said that his office would “double down” to fight the challenge. “Personally, I’m terribly disappointed for the victim’s lone surviving 93-year-old sister who has once again been denied justice,” he said in a statement on Tuesday. “As a prosecutor, this changes nothing. It only delays his ultimate fate.” |
The Texas attorney general, Ken Paxton, declined to comment on Wednesday morning, citing a policy of not discussing pending cases or litigation. | The Texas attorney general, Ken Paxton, declined to comment on Wednesday morning, citing a policy of not discussing pending cases or litigation. |
The halting of Mr. Gutierrez’s execution also buys the defense more time. Mr. Nolan said that Mr. Gutierrez, 43, has for years sought testing of DNA evidence to prove he did not commit the crime for which he was sentenced to death. | The halting of Mr. Gutierrez’s execution also buys the defense more time. Mr. Nolan said that Mr. Gutierrez, 43, has for years sought testing of DNA evidence to prove he did not commit the crime for which he was sentenced to death. |
The authorities said that Mr. Gutierrez tried to steal about $600,000 in cash from Escolastica Harrison, 85, after befriending her. They say Mr. Gutierrez, who was 21 at the time, and two accomplices went into the woman’s home and left with the money. Mr. Gutierrez, in his third statement to the police, said his accomplice beat, kicked and stabbed the victim, while Mr. Gutierrez took her money. | The authorities said that Mr. Gutierrez tried to steal about $600,000 in cash from Escolastica Harrison, 85, after befriending her. They say Mr. Gutierrez, who was 21 at the time, and two accomplices went into the woman’s home and left with the money. Mr. Gutierrez, in his third statement to the police, said his accomplice beat, kicked and stabbed the victim, while Mr. Gutierrez took her money. |
In the years since, Mr. Gutierrez has repeatedly challenged his conviction and has twice sought post-conviction DNA testing in state court. Mr. Nolan said that Mr. Gutierrez’s statements to the police, in 1998, became increasingly incriminating after police officers threatened to arrest his wife as an accomplice and to take his children. He said the public interest would be best served by allowing DNA testing to prevent a wrongful execution. | In the years since, Mr. Gutierrez has repeatedly challenged his conviction and has twice sought post-conviction DNA testing in state court. Mr. Nolan said that Mr. Gutierrez’s statements to the police, in 1998, became increasingly incriminating after police officers threatened to arrest his wife as an accomplice and to take his children. He said the public interest would be best served by allowing DNA testing to prevent a wrongful execution. |
Mr. Saenz said on Wednesday that Mr. Gutierrez had manipulated the facts of his trial to garner public sympathy. He said that the courts concluded that Mr. Gutierrez was not coerced or threatened by police officers. | Mr. Saenz said on Wednesday that Mr. Gutierrez had manipulated the facts of his trial to garner public sympathy. He said that the courts concluded that Mr. Gutierrez was not coerced or threatened by police officers. |
In the last year or so, the Supreme Court has grappled with the issue of whether those condemned to death should be allowed to have a spiritual adviser present. | In the last year or so, the Supreme Court has grappled with the issue of whether those condemned to death should be allowed to have a spiritual adviser present. |
In March 2019, the Supreme Court issued an order that said officials could not deny Patrick H. Murphy, a Buddhist inmate in Texas, from having a spiritual adviser in the execution chamber when Christian advisers were allowed one. No new execution date has been set for Mr. Murphy. | In March 2019, the Supreme Court issued an order that said officials could not deny Patrick H. Murphy, a Buddhist inmate in Texas, from having a spiritual adviser in the execution chamber when Christian advisers were allowed one. No new execution date has been set for Mr. Murphy. |
Updated June 22, 2020 | Updated June 22, 2020 |
A commentary published this month on the website of the British Journal of Sports Medicine points out that covering your face during exercise “comes with issues of potential breathing restriction and discomfort” and requires “balancing benefits versus possible adverse events.” Masks do alter exercise, says Cedric X. Bryant, the president and chief science officer of the American Council on Exercise, a nonprofit organization that funds exercise research and certifies fitness professionals. “In my personal experience,” he says, “heart rates are higher at the same relative intensity when you wear a mask.” Some people also could experience lightheadedness during familiar workouts while masked, says Len Kravitz, a professor of exercise science at the University of New Mexico. | A commentary published this month on the website of the British Journal of Sports Medicine points out that covering your face during exercise “comes with issues of potential breathing restriction and discomfort” and requires “balancing benefits versus possible adverse events.” Masks do alter exercise, says Cedric X. Bryant, the president and chief science officer of the American Council on Exercise, a nonprofit organization that funds exercise research and certifies fitness professionals. “In my personal experience,” he says, “heart rates are higher at the same relative intensity when you wear a mask.” Some people also could experience lightheadedness during familiar workouts while masked, says Len Kravitz, a professor of exercise science at the University of New Mexico. |
The steroid, dexamethasone, is the first treatment shown to reduce mortality in severely ill patients, according to scientists in Britain. The drug appears to reduce inflammation caused by the immune system, protecting the tissues. In the study, dexamethasone reduced deaths of patients on ventilators by one-third, and deaths of patients on oxygen by one-fifth. | The steroid, dexamethasone, is the first treatment shown to reduce mortality in severely ill patients, according to scientists in Britain. The drug appears to reduce inflammation caused by the immune system, protecting the tissues. In the study, dexamethasone reduced deaths of patients on ventilators by one-third, and deaths of patients on oxygen by one-fifth. |
The coronavirus emergency relief package gives many American workers paid leave if they need to take time off because of the virus. It gives qualified workers two weeks of paid sick leave if they are ill, quarantined or seeking diagnosis or preventive care for coronavirus, or if they are caring for sick family members. It gives 12 weeks of paid leave to people caring for children whose schools are closed or whose child care provider is unavailable because of the coronavirus. It is the first time the United States has had widespread federally mandated paid leave, and includes people who don’t typically get such benefits, like part-time and gig economy workers. But the measure excludes at least half of private-sector workers, including those at the country’s largest employers, and gives small employers significant leeway to deny leave. | The coronavirus emergency relief package gives many American workers paid leave if they need to take time off because of the virus. It gives qualified workers two weeks of paid sick leave if they are ill, quarantined or seeking diagnosis or preventive care for coronavirus, or if they are caring for sick family members. It gives 12 weeks of paid leave to people caring for children whose schools are closed or whose child care provider is unavailable because of the coronavirus. It is the first time the United States has had widespread federally mandated paid leave, and includes people who don’t typically get such benefits, like part-time and gig economy workers. But the measure excludes at least half of private-sector workers, including those at the country’s largest employers, and gives small employers significant leeway to deny leave. |
So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement. | So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement. |
Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks. | Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks. |
A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study. | A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study. |
The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April. | The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April. |
States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people. | States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people. |
Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days. | Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days. |
If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.) | If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.) |
If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others. | If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others. |
If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested. | If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested. |
“The government may not discriminate against religion generally or against particular religious denominations,” wrote Justice Brett M. Kavanaugh in a concurring opinion last year. He wrote that the state’s policy of allowing only Christian and Muslim chaplains to attend executions amounted to unconstitutional religious discrimination. | |
Justice Kavanaugh wrote that Texas could exclude advisers of all denominations from the execution chamber but may not allow only some to be present. | Justice Kavanaugh wrote that Texas could exclude advisers of all denominations from the execution chamber but may not allow only some to be present. |
A month earlier, in a separate case, the Supreme Court allowed the execution of a Muslim inmate in Alabama whose request that his imam be present had been denied. | A month earlier, in a separate case, the Supreme Court allowed the execution of a Muslim inmate in Alabama whose request that his imam be present had been denied. |
The Texas Catholic Conference of Bishops, a federation of Roman Catholic dioceses and ordinariates in Texas, filed a brief on Mr. Gutierrez’s behalf. | The Texas Catholic Conference of Bishops, a federation of Roman Catholic dioceses and ordinariates in Texas, filed a brief on Mr. Gutierrez’s behalf. |
Jennifer Allmon, executive director of the group, said on Wednesday that a person’s final moments should offer a chance for pardon and redemption. | Jennifer Allmon, executive director of the group, said on Wednesday that a person’s final moments should offer a chance for pardon and redemption. |
“We think it’s cruel and unusual punishment that you would deny someone, in their final moments, the protection of the First Amendment,” she said. “It costs the state nothing and produces no security risk to allow a chaplain to be present and to place his hand on the ankle of the condemned as he departs this world and enters into eternal life.” | “We think it’s cruel and unusual punishment that you would deny someone, in their final moments, the protection of the First Amendment,” she said. “It costs the state nothing and produces no security risk to allow a chaplain to be present and to place his hand on the ankle of the condemned as he departs this world and enters into eternal life.” |
Adam Liptak contributed reporting. | Adam Liptak contributed reporting. |