"Death row inmate Rodney Reed, who has
maintained his innocence in the killing of Stacey Stites, is heading
back to Bastrop District Court for a hearing this week that could alter
the trajectory of his decades-long legal battle. Reed’s defense team says it will show new evidence that points to
Jimmy Fennell, 44, Stites’ fiancé at the time of her death, as the real
killer. In this writ of habeas corpus hearing, Reed’s defense team says it
will present evidence that Fennell gave conflicting accounts of his
whereabouts the night and morning Stites disappeared and was killed.
Fennell told investigators he was in his Giddings apartment sleeping
when Stites left for her early morning shift at a Bastrop grocery store
on April 23, 1996. However, Fennell told his friend, Bastrop County Sheriff’s Deputy
Curtis Davis, that he had been out drinking and came home late the night
of Stites’ disappearance, according to Reed’s attorneys. Fennell could testify at this week’s hearing. He was served with a
bench warrant last week, according to a Texas Department of Criminal
Justice spokesman. Fennell is currently serving a 10-year prison
sentence for kidnapping and improper relations with a person in custody.
A woman accused Fennell of raping her in 2007, while she was in his
custody. He was a Georgetown police officer at the time. He took a plea
deal, and the charges were reduced. He is expected to be released from
prison in 2018. In March of 2017, Fennell was denied parole because his record
indicates his original offenses indicated a “conscious disregard for the
lives, safety or property of others, such that the offender poses a
continuing threat to public safety,” according to TDCJ records. The state was just days from executing Reed in 2015, before the State
Court of Criminal Appeals postponed it. His execution date has remained
open. During Reed’s trial, prosecutors said Stites she was on her way to
work when Reed abducted, raped and dumped her the side of a rural road
near Lake Bastrop. Reed’s DNA matched a sample taken from Stites. Reed
said the couple had a clandestine sexual relationship, which would
explain the presence of the DNA. Reed’s defense previously brought in independent forensic
investigators to review Stites’ autopsy. The experts called into
question the time of death estimate used by the prosecution at trial and
said Stites could have been killed hours earlier and moved to the spot
she was found. The latest Bastrop County hearings will take place over four days,
from Oct. 10-13. KXAN will be at the hearings to provide the latest
developments in the case."