Brownsville (AP) – A federal appeals court has cleared the way for a Texas man to be executed this week for the 1998 fatal stabbing of an 85 year old woman, though his lawyer says he’ll appeal. Ruben Gutierrez is scheduled to die Tuesday for the killing of Escolastica Harrison at her home in Brownsville. Prosecutors say the killing was part of Gutierrez’ attempt to steal more than $600,000 that he thought the woman had hidden in her home. A panel of three judges on the New Orleans based Fifth Circuit Court has overturned a lower court’s decision to stay Gutierrez’ execution.
