Oklahoma’s Only Female Death Row Inmate May Get Another Day in Court
Brenda Andrew, Oklahoma’s only female death row inmate, may have another chance at a new trial after a recent Supreme Court ruling. Andrew was sentenced to death in 2004 for the murder of her estranged husband, Rob Andrew. Her attorneys argue that she was “sex-shamed” during her trial, with prosecutors using evidence about her “plainly irrelevant sexual history” to sway the jury.
Andrew’s trial was marked by the prosecution’s presentation of evidence about her appearance and sexuality, including a thong she had packed for a trip to Mexico. The prosecution claimed that this evidence showed that Andrew had murdered her husband, while Andrew’s attorneys argued that it was irrelevant and unfair.
The Supreme Court justices wrote in their decision that the prosecutor “spent a significant amount of time at the trial” going over details about Andrew’s sex life that were unrelated to her husband’s murder. They noted that the evidence “so infected the trial with unfairness” that it may have denied Andrew her right to a fair trial.
However, Justice Clarence Thomas and Justice Neil M. Gorsuch dissented, arguing that the evidence about Andrew’s sexual behavior was relevant to the case.
The 10th Circuit Court of Appeals will now review Andrew’s claims, and her attorneys hope that the court will rule that the evidence used against her was unfair and that she should be resentenced or receive a new trial. If the court decides that no action is needed, Andrew will remain on death row.
Andrew’s case has sparked concerns about the use of gendered tropes in the courtroom and the potential for jurors to be swayed by unfair and irrelevant evidence.
