Oklahoma’s only woman on death row says trial unfairly targeted her personal life
By Jason Burger
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OKLAHOMA CITY (KOCO) — The case of Oklahoma’s only woman on death row received new attention on Tuesday by the U.S. Supreme Court.
Brenda Andrew, who was convicted for conspiring to kill her estranged husband in 2001, has spent the last two decades appealing that conviction based on what she calls prejudicial evidence. Now, the Supreme Court ruled that the lower courts need to look into that.
Andrew, a former Sunday school teacher, argued that evidence about her personal life wasn’t fair to use during her trial.
“When I was an intern in law school, I actually sat through much of the trial, and I specifically remember how much the prosecution focused on Mrs. Andrew’s sex life and how bad of a mother she was,” Ed Blau, attorney at Blau Law Firm, said. “Brenda Andrew was convicted of conspiring to kill her husband.”
Rob Andrew, her husband, was killed in 2001. Brenda Andrew was found guilty of working with her lover, Jim Pavatt, to plot and kill her estranged husband.
An $800,000 life insurance policy was purchased by Rob through Pavatt, who was an insurance agent.
“Many people are surprised to know that somebody can be given the death penalty, even if they’re not actually the person that caused the victim’s death,” Blau said.
In a Supreme Court ruling on Tuesday, justices ordered a lower court to take another look at her case more than 20 years after she was convicted.
“Regarding her sex life, regarding her qualities as a mother, whether or not that’s evidence that should not have been given to the jury, and whether it rose to the level of violating her due process rights,” Blau said.
The 10th Circuit Court of Appeals in Denver, Colorado, will now review Brenda Andrew’s claims. Blau said it is possible that she could be resentenced at the end of this or get an entirely new trial.
Blau said it comes down to one question.
“As to whether or not that evidence was unfairly prejudicial and therefore, violated her constitutional rights,” Blau said.
The court could also decide that no action is needed, and Brenda Andrew could remain on death row.
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