Killer wife's wild sex life and thong underwear is paraded in court... and it could save her from death row

The lone pistillate connected decease enactment successful Oklahoma whitethorn beryllium spared the eventual punishment aft prosecutors paraded her thong astir successful tribunal and made a constituent astir her enactment life.

The United States Supreme Court connected Tuesday ruled 7 - 2 successful favour of Brenda Andrew, present 61, connected claims that she was sex-shamed astatine her proceedings for the 2001 execution of her husband, Rob Andrew - and ordered a little tribunal to reconsider her conviction, The Oklahoman reports. 

In an unsigned opinion, justices said the prosecution 'spent important time' connected grounds related to Andrew's 'sex beingness and astir her failings arsenic a parent and wife', overmuch of which it aboriginal conceded was irrelevant.

'Among different things, the prosecution elicited grounds astir Andrew's intersexual partner's reaching backmost 2 decades; astir the outfits she wore to meal oregon during market runs; astir the underwear she packed for vacation; and astir however often she had enactment successful her car.

'In it closing argument, the prosecution again invoked these themes, including by displaying Andrew's "thong underwear" to the jury, by reminding the assemblage of Andrew's alleged affairs during assemblage and by emphasizing that Andrew "had enactment connected [her husband] implicit and implicit and over" portion "keeping a fellow connected the side."'

Andrew had ever maintained her innocence successful Rob's fatal shooting connected November 20, 2001, and claimed successful a habeas corpus petition that the grounds presented astatine her proceedings was prejudicial and violated owed process.

Her attorneys argued to the Supreme Court that prosecutors 'fixated connected obtaining a condemnation and decease condemnation by denigrating her quality arsenic a woman.

'In bid to bash so, the State relied connected sex-based stereotypes to dehumanize and represent Ms Andrew arsenic immoral, remorseless, deviant, unsafe and frankincense much apt to person committed the crime and much more deserving of the eventual punishment.' 

As an example, they told justices a authoritative called her a 'slut puppy' successful closing arguments.

Prosecutors besides showed disconnected her underwear, which she packed for a travel to Mexico with her boyfriend, James Pavatt, conscionable days aft her estranged hubby was killed.

'The grieving widow packs this to tally disconnected with her boyfriend,' the authoritative said, according to the New York Times.  'That's enough. Can't twist the facts, folks. Can't twist the evidence.' 

The spectacle reportedly 'drew gasps from the crowded courtroom.'

But Attorney General Gentner Drummond argued that Andrew was giving the content that she was convicted and sentenced to decease due to the fact that prosecutors 'convinced the assemblage she is simply a atrocious person.

'Nothing could beryllium further from the truth,' helium argued.

He explained that Andrew had a 'visceral hatred' of her hubby and grounds of her 'ability to get men... to bash her bidding was relevant.'

Instead, prosecutors tried to beryllium that Brenda and Pavatt coordinated the fatal shooting to get Rob's beingness security argumentation worthy $800,000.

When helium returned to the household location to prime up his lad and girl for Thanksgiving connected November 20, 2001, Brenda told him a aviator airy was connected successful the furnace.

He was past changeable twice, archetypal by Pavatt, past by Andrew, with his ain 16-gauge shotgun, prosecutors claimed.

At that point, Pavatt besides allegedly changeable Brenda successful the limb with a .22-caliber pistol to marque it look similar she was a unfortunate arsenic well.

Brenda aboriginal called constabulary claiming she and her hubby had been changeable by 2 masked men.

Days later, Brenda and Pavatt, on with Brenda's 2 children, traveled to Mexico, arsenic constabulary investigated the shooting. 

They aboriginal uncovered grounds showing Pavatt hid successful the attic f the location of Andrew's adjacent doorway neighbors, and helium aboriginal admitted to sidesplitting Rob to a person - but denied that Brenda was involved. 

Still, Brenda was convicted of Rob's execution successful 2004, with Pavatt convicted successful the aforesaid transgression a twelvemonth earlier. 

Over the years, appeals tribunal besides upheld her conviction.

In 2007, judges with the Oklahoma Court of Criminal Appeals acknowledged they were 'struggling' to find immoderate relevance to immoderate of the intersexual grounds that was presented during the trial.

Ultimately, however, it recovered that the evidence's instauration astatine proceedings 'was harmless owed to the overwhelming grounds successful this case.'

In a dissenting opinion, Judge Arlene Johnson wrote that a resentencing was warranted due to the fact that prosecutors admitted grounds 'that had nary intent different than to hammer location that Brenda Andrew is simply a atrocious wife, a atrocious mother, a atrocious woman.

'I find it intolerable to accidental with assurance that the decease punishment present was not imposed arsenic a effect of improper grounds and argument.'

Then, successful 2023, the 10th US Circuit Court of Appeals successful Denver upheld her condemnation and punishment successful a 2 - 1 decision.

The bulk acknowledged they had concerns 'about immoderate of the "sexual and sexualizing" grounds astatine trial, and the usage to which it was enactment by the government.

Judge Robert Bacharach besides wrote that prosecutors focused the full trial, from commencement to finish, connected Andrew's enactment life.

'This absorption portrayed Ms Andrew arsenic a scarlet woman, a modern Jezebel, sparking distrust of her escaped morals.' 

'The drumbeat of Ms Andrew's enactment beingness continued successful closing arguments, plucking distant immoderate realistic accidental that the assemblage would earnestly see her mentation of events.' 

Only Justices Clarence Thomas and Justice Neil Gorsuch dissented from the bulk of the Supreme Court's determination connected Tuesday.

Thomas complained that the bulk sentiment 'inaccurately portrays the State's evidence, the prosecution's closing arguments and the reasoning of the Oklahoma Court of Criminal Appeals.'

He noted that Andrew described herself arsenic a 'good mother' successful her defense, according to CBS News.  

'In presenting grounds to the contrary, the State was simply rebutting a constituent that Andrew had placed successful issue, arsenic it intelligibly is entitled to do.'

'Sex and matrimony were unavoidable issues astatine Andrew's proceedings and the State introduced a assortment of grounds astir her intersexual behavior.'

Still, helium noted 'not each of' the grounds was warranted, including 'the benignant of outfits Andrew wore to meal outings.' 

Andrew's lawyer Jessica Sutton said she is present hopeful that the 10th Circuit Court of Appeals 'will halt this injustice.

'Wielding these gendered tropes to warrant a condemnation and punishment of decease is intolerable and poses a menace to everyone who does not travel rigid sex norms.'

Attorney Sandra Babcock besides called the determination a 'historic triumph for sex justice.'

Drummond's property secretary, Leslie Berger, meanwhile, said: 'We are disappointed, but respect the court's decision.'