Rodney Reed is guilty
2021
Evidentiary hearing dates in February, 2021 and May, 2021, were continued on joint motion of the parties. In January 13, 2021, the Texas Court of Criminal Appeals ordered the trial court to resolve any remaining issues on Reed's writ within 180 days of their order and ordering the Clerk to transmit the completed record by July 12, 2021. In April, 2021, the parties sought an extension of the return date on Reed's writ to January, 2022 from the Texas Court of Criminal Appeals. On April 14, 2021, the Texas Court of Criminal Appeals extended the return date to August 13, 2021.
An evidentiary hearing was held on Reed's writ, from July 19-29, 2021. Reed presented multiple witnesses, including forensic pathologists regarding time of death, similar to that offered by Dr. Michael Baden in 2017. Reed also called witnesses who claimed to have knowledge of a relationship between Reed and Stacey, witnesses who claimed Fennell made inculpatory statements implicating him in Stacey's murder and witnesses who claimed to have witnessed instances of domestic abuse/violence in Stacey's relationship with Fennell. The state offered witnesses, including Stacey's sister, Debra Oliver, who testified that Stacey was excited to marry Fennell and was focused on planning her wedding in April, 1996. The state also offered testimony from an expert on memory, challenging the reliability of Reed's witnesses and a forensic pathology expert, who refuted the alternative time of death testimony of Reed's experts.
On October 31, 2021, Judge J.D. Langley filed Findings of Fact and Conclusions of Law, denying Reed relief on his 10th state writ. Most significant is his findings regarding the lack of credibility and reliability of Reed's witness testimonies regarding the alleged relationship between Stacey and Reed, primarily due to the failure of Reed's witnesses to come forward during the investigation in 1996. Judge Langley also found that Reed has failed to prove his actual innocence claims with clear and convincing evidence.
Reed's attorneys have vowed to appeal and maintain that Reed's evidence of innocence is "overwhelming" and would result in acquittal if he were re-tried today.
In addition to seeking review of his federal DNA claims by the U.S. Supreme Court, on December 17, 2021, Reed's attorneys filed a new writ alleging that evidence of a relationship between Reed and Stacey was hidden by prosecutors. These claims arose based on disclosure of interview notes prepared by the prosecutor's office prior to Reed's trial in 1998.