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Rodney Reed: Possibly Innocent Man Faces Death Penalty
The Death Penalty Information Center reports that since 1973, 166 people who had been wrongly convicted in American courtrooms and sentenced to death have been exonerated.
The Texas Coalition to Abolish the Death Penalty informs that of the 565 people executed in this state since 1982, there is compelling evidence that at least five of them were innocent—Cameron Todd Willingham, Gary Graham, Carlo Luna, Ruben Cantu and Larry Swearingen.
Texas may very well be on the fast track to add Rodney Reed to the list of innocent people tragically put to death in the state’s death chamber at Huntsville.
Reed’s execution is scheduled for November 20, 2019.
Reed’s fight to avoid execution has garnered national and international attention from virtually every major media outlet in the U.S. 2.3 million people have signed online petitions calling for a halt to the impending execution. Celebrities like Kim Kardashian, Rihanna, LL Cool J, Beyoncé, Meek Mill, and others have called on Texas Gov. Greg Abbott to stop the execution. The Roman Catholic Diocese of Austin and a bipartisan coalition of Democratic and Republican state lawmakers have joined the lobbying campaign to get Abbott to intervene and stay the execution until newly discovered evidence can be fully developed.
Police Officer Suspected in Violent Rape and Murder Investigation
Rodney Reed was convicted and sentenced to death in Bastrop County for the 1996 rape and murder of 19-year-old Stacey Stites. Information in the public record reveals that the victim’s body was found in an isolated wooded area of the county while her vehicle was found abandoned miles away in a school parking lot. Evidence of the violent attack was collected at both scenes, including semen inside and on the victim’s body.
At the time of her death, Stites was living with and engaged to a Giddings (located in Bastrop County) police officer named Jimmy Fennell who was the initial suspect in the crime. He failed two polygraph examinations during the course of the investigation against him.
Flawed Investigation Shifts Suspect
The police investigation of Fennell was seriously flawed from its outset because the police officer’s Giddings apartment—the one he shared with Stites—and his vehicle (a truck he sold shortly after Stites’ murder) were never searched by investigators for possible forensic evidence. That proved to be an error that would cast serious doubt on the validity of the Stites investigation. To add further suspicion, a decade later, in 2008, Fennell was convicted, after a guilty plea, for raping a woman he had taken into custody in 2007. He was given a ten-year sentence in the Texas prison system for that offense.
The Stites murder remained unsolved for nearly a year. Reed became a suspect in the case after he was arrested for the kidnapping, beating and attempting to sexual assault of another 19-year-old woman along the same route Stites took on her way to work. The similarities of the crimes, and the fact that Reed had been previously seen in that area by local police on patrol, prompted investigators to compare Reed’s DNA with the semen recovered from Stites’ vagina. The Texas Department of Public Safety had Reed’s DNA in its database because it had been collected after he was arrested for yet another sexual offense against his intellectually disabled girlfriend.
DNA Found in Victim Matches Reed
The DNA analysis confirmed with virtual absolute certainty that the semen in Stites’ vagina had been produced by Reed. Investigators also conducted DNA analysis on several of Reed’s male family members to exclude them from the semen deposit.
When initially questioned by the police about the Stites murder before the DNA analysis, Reed denied having known or ever seeing the victim. Once the DNA match was made between Reed and Stites, he conceded that he did in fact know Stites and that they had been involved in a discreet consensual sexual relationship.
And this is where the thorny issue of race inevitably enters the antagonistic debate in the Reed case.
Racism Infiltrates Investigation
Prosecutors charge to this date that there has never been any meaningful evidence produced to show that Stites was involved in a romantic relationship with Reed. Innocence Project attorneys currently representing Reed beg to differ. They point to an October 2019 letter written to Gov. Abbott by a former Bastrop County police officer named Charles Wayne Fletcher stating that Fennell confided in him sometime before Stites’ murder that Fennell believed his fiancée was “sleeping with a black man.” They also point to a Stites’ co-workers who, in recent years, have either stated that Stites told them that she had been dating a “black man named Rodney” or that they had seen her with Reed.
Reed’s Innocence Project defense team theorizes that this was the motive for Fennell murdering Stites. They point to an affidavit from an inmate who served prison time with Fennell in 2010. The inmate stated in an affidavit that Fennell told him that, “I had to kill my n…..-loving fiancée.” This statement is bolstered by a former sheriff’s deputy who has come forward to say he heard Fennell tell Stites’ body at her funeral that she got what she deserved. Yet another former Giddings police officer, Mary Blackwell, has also come forward to state she overheard Fennell state he would strangle Stites with a belt if he ever found out she was cheating on him.
Reasons to Stay Execution
To protect public trust in Texas’s criminal justice system, these and other additional legitimate reasons warrant an executive stay of execution in the Reed case. They include:
- The suspected murder weapon, Stites’ belt, has never been tested for DNA evidence;
- Prosecution experts have stated since Reed’s conviction that they gave incorrect testimony at trial, especially about Stites’ time of death, saying now that there was no way to determine Stites’ actual time of death;
- New forensic testing shows that Stites’ time of death occurred before Fennell said she left their apartment to go to work at around midnight;
- The state’s medical examiner and other new experts now say there was no evidence that the semen found in Stites’ vagina was the result of a forced sexual assault; and
- The fact that Reed was convicted by an all-white jury for the rape/murder of a white woman in a county that has a systemic history of racism.
Bastrop County prosecutors and the Texas Attorney General’s Office counter these reasons by pointing to the DNA/semen evidence and Reed’s implication in six other sexual assaults, one involving a 12-year-old child, as concrete evidence of guilt. Even though Reed was acquitted on one of those assaults and although no criminal charges were ever brought in connection with the others, prosecutors nonetheless call Reed a “serial rapist” who is guilty of the rape and murder of Stacey Stites.
We don’t know if Rodney Reed is guilty or innocent.
Flawed Process, Police and Prosecutorial Misconduct, Ineffective Assistance
What we do know is that due process demands additional inquiry to factually determine whether the original guilty verdict remains credible. There is sufficient evidence to question the credibility of that verdict because of prosecutorial misconduct. For example, prosecutors withheld information about a woman named Martha Bennett who said she saw Stites and Fennell together at around 5:30 a.m. on the morning Stites was murdered.
The credibility of the verdict can also be questioned because Reed’s trial attorneys failed to call witnesses who would have supported the defense’s claim of a consensual sexual relationship between Reed and Stites after the attorneys promised to do so in their opening statement.
A combination of all these reasons and factors prompts us to concur with an October 23, 2019 column in the Austin Statesman by Bill McCann
“Reed was convicted of killing 19-year-old Stacey Stites and dumping her body near a rural Bastrop County road in 1996. If I had been on that jury, I would have had questions. For example, how was Reed able to commit the murder? Prosecutors theorized that Reed, a stranger on foot, somehow got Stites to stop the truck she was driving from her Giddings apartment to the Bastrop H-E-B for her 3:30 a.m. work shift. In the middle of the night he was able to stop, sexually assault and murder her, dump her body, drive the truck to where it was found near Bastrop High School, and go home unseen.
“Reed was convicted based on his DNA being found inside Stites. No other evidence, including fingerprints, linked him to the murder. So, Reed was careful to avoid leaving fingerprints but not his DNA? He acknowledged having an ongoing affair with Stites, which accounted for the DNA.
“It seems to me Reed never had a chance. He is a black man accused of murdering a pretty, young white woman in a trial by an all-white jury in a rural Texas county. The trial was fast-tracked, leaving Reed’s court-appointed defense inadequate time to prepare. Prosecutors were less than forthcoming. The criminal investigation was less than stellar. For one thing, investigators reportedly didn’t search the apartment where Stites was last seen alive.
“Stites shared the apartment with her fiancé Jimmy Fennell, then a Giddings police officer. I often have heard police investigators say that if a woman gets murdered, the first suspect is a husband or boyfriend. Initially, Fennell was a suspect. In fact, he reportedly failed two polygraph tests and gave differing accounts of his whereabouts the night of the murder.
“Subsequently, the nonprofit Innocence Project, which seeks to exonerate people believed to be wrongfully convicted, took Reed’s case. New witnesses came forward to confirm that Reed and Stites were romantically involved. The state’s expert witnesses, who provided technical testimony crucial to the prosecution about her time of death, recanted testimony.
“Independent national experts who reviewed the case concluded that Stites was murdered hours before prosecutors she was – putting her in her apartment with Fennell. Meanwhile, defense attorneys say the state has refused requests to conduct DNA tests on evidence that Reed thinks could clear him, including a belt believed used to strangle Stites.”
Fairness and justice demand Gov. Abbott’s intervention.
Take the first step toward protecting your freedom by contacting us now
Testimonials
John T. Floyd Law Firm
3730 Kirby Drive # 750, Houston
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I’ve never been one to write reviews but this time I couldn’t pass up the opportunity to say something. I had some serious legal questions I needed answers to concerning Texas laws. … More Being I’m from another state, I found and reached out to Attorney John Floyd for the answers. Mr Floyd listened to to my requests and told me what he need from me and went out of his way to get me the answers. Very polite, straightforward and professional, I can’t thank him enough for all he’s done. Whatever your legal case may be, I wouldn’t hesitate to recommend Mr Floyd.
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Highly recommend John T Floyd law firm, great response time and demeanor.I was researching an on-going criminal case, when I found an informative article written by John Floyd (about … More the perils of expert testimony). I called his office, and was very pleased to receive a timely call back. Not only was Mr. Floyd candid and helpful, but he had the kindest demeanor of any attorney that I've dealt with. I am so glad to have found this firm.
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Mr John is a great human being and a very knowledgeable attorney. He has always called me back promptly,advised me very clearly and never rushed our conversation. i was wrongfully accused … More and Mr John had my case DISMISSED!! on the day of trial after fighting for me for two years. I am very thankful to the John T. Floyd Law Firm. You will not go wrong with John. Mr John you deserve way more then 5 stars.Thank youShaikh.
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John Floyd Law Firm is highly recommended for your legal needs. He and his staff are highly professional in every aspect. Easy and comfortable feeling talking with him, and he understands … More your needs and explains your legal advice in a way you can understand. Enough just cant be said. Thank You Sir.Positive
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What I liked the most was that he actually returned my phone after leaving a message unlike pretty much everyone else I called prior. He listened and answered my question with the best … More advice that would benefit me the most. I was actually lost from moving to Texas from a different state we’re laws vary and he pointed me toward the right direction to get a understanding of if I need to do business with him now or after I contact a lawyer in my home state.
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John is honestly the best! The whole team is. He answered me in a timely manner and helped me when my friend was going through a situation in Houston, Texas as an inmate. He was so … More thorough, honest, and without charging me sent me so much information because I was out of the loop. He never once tried to take you for your money, he did all that he could to. help me and I can't thank him enough.
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I have used John on two occasions and found him to have full knowledge of Texas law, diligent, creative in plan, and aggressive in defense. He is the best criminal defense attorney … More in the State of Texas. No reason to look elsewhere.
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Excellent service and a lawyer that doesn't lie. He does what he says. JW recommends him.
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One of the best services Ive used in awhile. Thank you for all the help and answers. You got my life back. Thank youPositive
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Im impressed. This guy was polite and professional and most important...he listened.
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It was a pleasure speaking with John. He is knowledgeable and has a true desire to help the people of society. I turned to him for some guidance of a long-standing issue. He never … More rushed our conversation and went out of his way to look into the details to provide the right answer as well as assist me anyway he could. Thank you for our conversations and I wish your and your firm the best. If you need a lawyer, John Floyd is your guy!
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One of the few honest lawyers I have ever talked to. His complimentary consultation was knowledgeable and thorough. He knew exactly what the issue was and how to handle it. His candid … More appraisal of the situation and how to proceed saved me thousands of dollars in legal fees. If you have a case requiring expertise in John's area of practice, look no further. Hire this man!
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He took time out of his day to answer my legal questions and didn’t even charge me. I would definitely recommend him to you.
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Mr. Floyd took the time to explain his experience with the law to me in layman's terms. Definitely give him a call.Positive
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I would highly recommend Mr Floyd. He was very helpful and knowledge with a legal question I had.Positive
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He explained my case better then any other lawyerPositive
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Very informative
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Had the pleasure speaking with John Floyd on a personal matter, he was very responsive, nothing but exceptional, and he really cares about you with sincerity and most importantly knows … More what is he talking about! No games or bs, his approach to my situation even though I knew it was probably way smaller then what he normally takes on, he was extremely helpful and didn't care about the size of the matter like other attorneys do. He really looked out for my best interests. You can tell he has decades of experience doing what he does just by chatting with him. I would highly recommend him.
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Words can’t describe how grateful I am for working with John, he went above and beyond my expectation. I was wrongly accused and hired many lawyers before hiring John Floyd but they … More all disappointed me, I had lost hope until a friend of mine referred me to John. From the start he had my best interest in mind and gave helpful advice, he explained the process and guided me. He put more work and time than all my previous lawyers that cost me thousands of dollars. He was constantly communicating with court and defended me more than all lawyer i had hired before him. Don’t waste your time and money like I did, believe me when I say I hired countless lawyers before him and no one came close to John. I’m forever thankful for him for fighting for my innocence and getting my case dismissed. Thank you so much🙏🏼🙏🏼
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I called Mr Floyd and left a message, with in the hour I received a call back with much more information then I could have ever expected. Mr Floyd was very informative on every question … More I had for him. He seemed like he cared, instead of like most attorneys that you talk to that are just out for a quick buck. If you want someone that is going to shoot strait with you, and has your best interest in hand, this is you guy. This was the best experience that I have ever had with an lawyer.
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I can state with confidence that Mr. Floyd and his team are the most competent and professional lawyers one can hope for. My case was quite complex and I admit that as a law student … More I was not the most patient client. Mr. Floyd did a phenomenal job of managing the bench, prosecution and myself! The result was above expectation, and I will never hesitate to recommend this firm regardless of the caliber of the case at issue.
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It was a pleasure working with Mr. Floyd. I contacted him regarding a legal matter and he was extremely knowledgeable about the law, and responded in a timely manner. I appreciated … More the fact I did not feel rushed, and he made sure he thoroughly answered all questions I had. I would highly recommend him!Positive
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Spoke with John Floyd about a 45 year old criminal case I was involved in. I had very little information about the case and John helped me search what records were available and gave … More me guidance to find more information. He was very professional and took his time helping me. I may need to hire a lawyer on this case and Mr. Floyd will be the man.Thanks John.
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Very professional and straight forward. He's not going to waste your time or money. Very knowledgeable in a large range of possible matters one could face living in these days … More and times. If ever you need legal assistance, this is who I would suggest. Awesome!Positive
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I called about some legal questions I needed to get clarified and John was able to give me clarification and sound advice. I will definitely contact John for all future legal questions … More and issues.Thank you John!Positive
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Knows his stuff and well respected with DA and judges. I have referred him a couple times and every client has been satisfied
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John is beyond knowledgeable! If I decide to pursue my case any further I would only have him represent me.
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What a great attorney, this guy really took time out of his day to answer my questions and explain my case to me. Very grateful, thank you so muchPositive
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Absolutely a very professional lawyer. Very well read in the current law and more than willing to help if needed.
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Mr. John he’s a professional he knows what he’s doing and he’s patient they recommend Him stronglyPositive
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Great service, very knowledgable and happy to help with any questions I had
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Quick to action and helpful and knowledgeable with entertainment industry based issues!
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Responded on a holiday week. Very knowledgeable and reassuring.
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Very professional
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I want to thank John T. Floyd and all of his team. He is the best lawyer who cares aboutHis clients and fights really hard to get the best outcome. He is a fighter and he is awesome!!!I … More recommend if any one needs criminal defense , he is the BEST. We had a really serious caseAnd we are very thankful for the outcome. Thank you John!!!!! God bless you!!!!!!
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The attorneys at John T. Floyd Law Firm work diligently to achieve the best possible results for their clients. They are caring and knowledgeable professionals. Their expertise in the … More law and their experience as trial attorneys makes them the right choice as a defense attorney. I recommend this law firm highly.
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From beginning to end this firm handled my case like the top tier professionals they are. I would not trust ANYONE else with my legal needs after having less than stellar experiences … More with other teams. Thank you Floyd!!!
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I really felt like the team cared about my case and am super satisfied with the outcome. Would not recommend anyone else!
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These guys do amazing work and have phenomenal service! Hands down best in the Houston area!!
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John and Chris are true professionals! Love those guys like family!
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Mr. Floyd and his team are very knowledgeable, informative, and helpful.
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A team you can depend on to stand up and fight for you to prove the truth the whole truth!
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Mr. John T. Floyd represented me.I couldn't be happier with the outcome he managed to achieve on an VERY Important case that was dismissed the day of Trial. He is patient & … More very knowledgeable of the legal system. I HIGHLY recommend him to anyone in need of a lawyer!John, I am forever grateful & satisfied with the effort you put forth & all you did for me. Thank you isn't enough!God bless you & your family!
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The John T. Floyd Law Firm assisted me, and I can tell you that the attorney took the time to answer my questions, and I didn't feel rushed or dismissed as I have experienced in … More the past with attorneys. The attorney was very nice and extremely knowledgeable. Initial impressions and continued excellent customer service are big factors for me and as such I would highly recommend this firm.
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I thank you for your efforts to help Felons regain their Civil rights, and for the information on possession , I am A convicted Felon, no violent history. I am an expert shot, I am … More 76 yoa, and very concerned about the present lake of Security in our State and Country. God Bless and Prosper you in your efforts, Your friend, Sonny Bivens
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I really appreciated both Chris and John helping with my legal questions and concerns. Both are good guys and I would not hesitate to recommend them.
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Extremely helpful!!! Helping me understand the law.
John T. Floyd is Board Certified in Criminal Law By the Texas Board of Legal Specialization
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