WASHINGTON — On Tuesday, the Supreme Court instructed lower courts to reassess the case of Oklahoma’s only female inmate on death row, amid concerns that discussions surrounding her sexual history may have compromised the fairness of her trial linked to the murder of her estranged husband.
In a decision with two justices dissenting, the Court dismissed a previous federal appeals court ruling that had upheld Brenda Andrew’s conviction and sentencing for the 2001 murder of her husband, Rob Andrew, who was an advertising executive.
Brenda Andrew’s co-defendant and lover, James Pavatt, is also facing the death penalty after being found guilty of executing Rob Andrew with a shotgun inside their garage in Oklahoma City.
In an unsigned opinion, the justices instructed the Denver-based 10th U.S. Circuit Court of Appeals to reconsider the prosecution of Brenda Andrew. They asked whether the judges examining the case could agree with Andrew’s assertion that the trial court’s admission of unrelated evidence was significantly prejudicial, ultimately leading to a trial that was “fundamentally unfair.”
Justice Clarence Thomas, along with Justice Neil Gorsuch, expressed belief that the evidence presented by the state against Andrew was substantial enough to prove her involvement in the murder, advocating for the maintenance of both her conviction and death sentence.
Andrew’s attorneys contended that the case against her was circumstantial and was improperly bolstered by focusing on irrelevant aspects of her personal life, such as her sexual history, gender presentation, demeanor, and role as a mother.
During the trial, the prosecution reportedly condemned Brenda Andrew with derogatory and sexually charged terms, branding her as an “unchaste wife.” This included a specific prosecutor describing her as a “slut puppy” and exhibiting her thong underwear in closing statements.
A three-judge panel from the appellate court upheld the state’s decision, maintaining Andrew’s conviction and death sentence. However, one dissenting judge from the 10th Circuit expressed that the evidence presented rendered the trial unfair.
Judge Robert Bacharach remarked that the evidence used not only lacked relevance but also portrayed Brenda Andrew as a woman obsessed with seducing various men, which contributed to the overall prejudice in the trial process.
