The defense for Rosendo Rodriguez filed a motion in court records Tuesday morning to delay his execution.
Rodriguez was convicted and sentenced to death for the September 2005 slaying of Summer Baldwin, but also implicated in the disappearance and murder of Joanna Rogers.
Both bodies were both found at separate times by workers at the city landfill. In October, the United States Supreme Court refused to intervene in the case – clearing the way for State District Court Judge Jim Bob Darnell to set an execution date.
The date is March 27, 2018.
In the newest court record – the motion for a stay of execution – allegations were made against Lubbock County Medical Examiner Sridhar Natarajan and the Lubbock County Criminal District Attorney’s office.
The motion said that on February 16 the Rodriguez’ defense team became aware of a 2015 lawsuit against Natarajan that was ultimately settled. The motion for stay said Lubbock County settled out of court with Dr. Luisa Florez, MD for $230,000.
Florez’ lawsuit made a long list of claims including the allegation that Natarajan was taking credit for autopsy work that he did not personally do.
The motion for stay said, “The Lubbock County District Attorney was therefore aware of the above lawsuit and failed to disclose it to Mr. Rodriguez.”
If true, that would be a so-called Brady violation. The motion for stay explained what that means.
“Under Brady, the Lubbock County District Attorney’s Office had an ongoing duty to disclose both the existence of the lawsuit and the subsequent settlement to Mr. Rodriguez,” the motion for stay said. “The failure to do so in this case is a clear violation of Mr. Rodriguez’ Due Process rights under the United States and Texas Constitutions.”
“Such conduct by the Lubbock County District Attorney’s Office is sufficiently egregious to necessitate a stay of execution,” the motion for stay said.
Court records did not yet indicate that the judge made a ruling. Court records also did not yet indicate that the prosecution filed written response.
EverythingLubobck.com left a message for Natarajan to invite comment.
The Lubbock County District Attorney’s office cited it as a “pending case” and declined comment.
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