Office of the Attorney General News Release Archive
Thursday, Sept. 12, 2002
Jesse Joe Patrick Scheduled to be Executed
AUSTIN - Texas Attorney General John Cornyn offers the following information on Jesse Joe Patrick, who is scheduled to be executed after 6 p.m. on Tuesday, Sept. 17, 2002.
On April 16, 1990, Jesse Joe Patrick was sentenced to die for the capital murder of Nina Rutherford Redd in Pleasant Grove, Texas, on July 8, 1989. A summary of the evidence presented at trial follows.
FACTS OF THE CRIME
On July 8, 1989, 80-year-old Nina Rutherford Redd's partially clad body was found on the floor of her bedroom in Pleasant Grove near Dallas. Her throat had been slashed, one of her arms was twisted behind her back, and her face and body were covered with bruises. The window screen had been pried loose from a bathroom window, and a rusty butcher knife was found at the scene.
Jesse Joe Patrick called the police in the early morning hours of July 8 to report that his house, two doors from Redd's, had been burglarized. When police went to Patrick's house to investigate, no one was home. The back door was kicked in, and a large rock covered with blood was found on the side of the house.
Police searched Patrick's home the next day and found a man's sock that was saturated with dried blood, a number of wadded toilet tissues that had dried blood on them and an old pair of men's denim jeans that had suspicious stains. Analysis of the sock showed genetic markers that were consistent with genetic markers found in Redd's blood sample, and DNA testing on the bloody sock and blood-soaked tissues matched the DNA in Redd's blood sample. A partial palm print from the outside sill of the bathroom window was identified as belonging to Patrick. Patrick's live-in girlfriend identified the knife found in Redd's home as hers and Patrick's. Three hairs found at the scene were the same as Patrick's. On July 22, 1989, Patrick was arrested at his sister's home in Jackson, Mississippi.
Patrick was convicted of capital murder in the 282nd District Court of Dallas County and sentenced to death on April 16, 1990. His conviction and sentence were affirmed by the Texas Court of Criminal Appeals on June 28, 1995, and his petition for writ of certiorari was denied by the United States Supreme Court on March 25, 1996. Patrick also filed a state habeas corpus application, which the Court of Criminal Appeals denied on April 22, 1998.
Patrick then filed a federal habeas petition, which the district court denied on Aug. 23, 2000. After the district court disposed of several post-judgment motions filed by Patrick, he attempted to appeal to the United States Court of Appeals for the Fifth Circuit, but both the district court and the Fifth Circuit denied him a certificate of appealability to do so. He then filed a petition for writ of certiorari, which was denied by the Supreme Court on Sept. 12, 2002. Patrick's motion for a stay of execution was also denied on Sept. 12, 2002.
In addition to his appeal and habeas corpus proceedings, Patrick filed a motion for DNA testing in the state trial court. Following a hearing, the trial court ruled that Patrick was not entitled to testing under Chapter 64 of the Texas Code of Criminal Procedure because there was no reasonable probability that favorable DNA results would have led to an acquittal. Because Patrick was willing to pay the costs of DNA testing, the court ruled that he could have testing at his expense. The State appealed that ruling to the Court of Criminal Appeals and also filed a petition for writ of mandamus to force the trial judge to rescind her order. On Sept. 11, 2002, the Court of Criminal Appeals dismissed the State's appeal but granted mandamus relief. The court held that because Patrick did not meet the statute's requirements, he was not entitled to testing regardless of whether he was willing to bear the costs.
PRIOR CRIMINAL HISTORY
On Jan. 6, 1986, Patrick was convicted of aggravated assault in the Criminal District Court Number Five of Dallas County and sentenced to eight years probation. On July 17, 1986, his probation was revoked and he was sentenced to imprisonment for four years.
For additional information and statistics, please log on the Texas Department of Criminal Justice website, www.tdcj.state.tx.us.
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