The U.S. Supreme Court ruled on Tuesday that Brenda Andrew, the only woman on Oklahoma's death row, can pursue her claim that prosecutors unfairly focused on her sex life during her trial.
The 7-2 ruling sends her case back to the 10th U.S. Circuit Court of Appeals to reconsider whether the prosecution's focus on her personal life rendered her trial fundamentally unfair.
Andrew was convicted in 2004 for the 2001 murder of her estranged husband, Rob Andrew, who was shot and killed in the garage of their former family home. Prosecutors alleged that Andrew and her boyfriend, James Pavatt—who is also on death row—plotted the murder to collect a life insurance payout.
At trial, Andrew's lawyers argued that prosecutors relied on sexist character attacks rather than concrete evidence. They pointed to instances where the prosecution highlighted Andrew's extramarital affairs, provocative clothing choices, and alleged flirtations with young men.
A prosecutor infamously displayed Andrew's thong underwear in court and questioned whether a "grieving widow" would wear such an item, further referring to her with derogatory terms such as "slut puppy."
The Supreme Court's unsigned opinion emphasized that the Constitution's 14th Amendment "forbids the introduction of evidence so unduly prejudicial as to render a criminal trial fundamentally unfair."
Jessica Sutton, one of Andrew's attorneys, praised the ruling, stating, "We are pleased that the court looked closely at the State of Oklahoma's manipulation of irrelevant and blatantly sexist evidence during Ms. Andrew's trial,"
The two dissenting justices were conservative-leaning Clarence Thomas and Neil Gorsuch.
Oklahoma Attorney General Gentner Drummond maintained that there was "overwhelming evidence" against Andrew and argued the prosecution's efforts to substantiate her "ability to get men...to do her bidding" was relevant.
The case now returns to the appellate court, where Andrew's legal team will argue that the prejudicial nature of the prosecution's tactics undermined her right to a fair trial.
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