Latest Legal News from the Criminal Courts in Houston, Texas

June 20, 2007

Media Advisory: Lionell Rodriguez scheduled for execution

AUSTIN – Texas Attorney General Greg Abbott offers the following information about Lionell Gonzalez Rodriguez, who is scheduled to be executed after 6 p.m. Wednesday, June 20, 2007.

After a second jury trial, a Harris County jury sentenced Rodriguez to death for killing Tracy Gee and stealing her car. Rodriguez’s first conviction was overturned because the jury cards were shuffled twice. Shuffling determines the order in which jurors are considered for the panel.

FACTS OF THE CRIME

On September 5, 1990, then nineteen-year-old Lionell Rodriguez, with a shotgun and automatic rifle he had stolen from his stepfather the day before, joined his cousin, James Gonzales, in driving around town looking for a place to rob.

At a stop light at the intersection of South Rice and North Braeswood, Rodriguez noticed a young woman sitting alone at the wheel of a car next to them. Rodriguez aimed the rifle at the woman and fired one time.

He jumped out of the vehicle and ran over, dumped the woman’s body on the street and drove off in her car.

The young woman was Tracy Gee, age 22. Tracy, the youngest in a big family, had been working a double shift that night, covering for her sister who was pregnant.

Rodriguez was arrested in Gee’s car four hours later in Fort Bend County. The interior of the car and Rodriguez’s pants were soaked in Tracy’s blood, and her bone, blood and brain matter was clotted throughout his hair. He confessed to killing Gee.

During the sentencing phase of trial, the State also presented evidence of Rodriguez’s lengthy criminal history, including the revocation of juvenile probation for offenses committed while on probation. In addition, several citizens testified about Rodriguez’s extremely violent and assaultive temper, including the motorist at whom Rodriguez fired several rounds on the night of the offense. Several witnesses testified about Rodriguez’s extremely violent behavior during his incarceration at the Harris County Jail.

Rodriguez’s codefendant, cousin James Gonzales, got 30 years for aggravated robbery.

PROCEDURAL HISTORY

05/23/91 -- Rodriguez was found guilty of capital murder.
05/29/91 --The trial judge sentenced Rodriguez to death.
12/15/93 -- The Texas Court of Criminal Appeals reversed the conviction because the jury was shuffled twice.
9/14/94 -- Rodriguez was found guilty of capital murder a second time.
9/20/94 -- The 185th state District Court judge sentenced Rodriguez to death.
9/01/95 -- Rodriguez filed a direct appeal raising 31 points of error.
2/5/97 -- The Texas Court of Criminal Appeals affirmed Rodriguez’s conviction and sentence.
3/27/98 -- Rodriguez filed an application for state writ of habeas corpus raising 13 issues.
10/8/01 -- On Rodriguez’ state writ, the 185th state District Court judge found that no contested issues of fact existed and issued findings of fact and conclusions of law denying relief.
10/23/02 -- The Texas Court of Criminal Appeals found the habeas court’s findings supported by the record and denied relief.
7/3/03 -- Rodriguez filed an amended federal habeas corpus petition raising 17 claims in a Houston U.S. district court.
03/24/04 -- The federal district court dismissed Rodriguez’s federal habeas petition.
04/23/04 -- Rodriguez filed notice of appeal in the 5th U.S. Circuit Court of Appeals.
5/29/05 -- The federal district court denied relief but granted certificate of appealability (“COA”) on one claim.
10/19/05 -- Rodriguez filed an application for additional COA to include six additional claims in the 5th Circuit Court.
9/11/06 -- The 5th Circuit Court denied Rodriguez’s motion for additional COA and affirmed the federal district court’s denial of habeas relief.
11/15/06 -- Treating Rodriguez’s petition for a rehearing by the full panel of the 5th Circuit Court as a request for panel rehearing, an appeals court panel substituted an opinion which still denied habeas relief and expansion of COA.
2/13/07 -- Rodriguez petitioned the U.S. Supreme Court for certiorari review of the 5th Circuit Court’s opinion.
4/16/07 -- The Supreme Court denied certiorari review.

 

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