Brenda Andrew, Oklahoma's sole female death row inmate, has been granted a potential legal reprieve by the Supreme Court. Convicted in 2004 for the murder of her estranged husband, Rob Andrew, her case is now under renewed scrutiny due to concerns about the prosecution's tactics during her trial.

Andrew, along with her lover and fellow Sunday school teacher, James Pavatt, was found guilty of orchestrating Rob's death in 2001. Pavatt, who had previously sold Rob a substantial life insurance policy, admitted to the killing but insisted Andrew was not involved. Andrew maintained her innocence, claiming two masked assailants attacked her and her husband. She sustained a gunshot wound to her arm during the incident.

The Supreme Court's decision stems from arguments presented by Andrew's legal team, who contend that the prosecution unfairly emphasized her sexual history during the trial. They allege prosecutors used derogatory terms and presented irrelevant personal items as evidence, potentially influencing the jury's perception of her. The justices acknowledged the prosecution's extensive focus on Andrew's sexual conduct, raising questions about the fairness of the trial.

Brenda Andrew in court in Oklahoma City in 2004. (David McDaniel/The Oklahoman)

Justices Clarence Thomas and Neil Gorsuch dissented, arguing that the evidence presented was relevant to the case. Prosecutors had previously maintained that the testimony regarding Andrew's appearance and sexuality constituted only a small portion of the evidence against her. Lower courts had also suggested that while the prosecution's approach may have been questionable, the overall case against Andrew remained valid.

Brenda Andrew is pictured at left in 2004 and in her most recent mugshot in 2024 at right. (Oklahoma Department of Corrections)

The 10th Circuit Court of Appeals in Colorado will now review Andrew's claims. Her attorney, Ed Blau, stated that the court will assess whether the introduction of evidence concerning Andrew's personal life violated her due process rights. Depending on the appeals court's findings, Andrew could face resentencing, a new trial, or remain on death row.

James Pavatt is pictured in a 2003 mugshot at left and a 2024 mugshot at right. (Oklahoma Department of Corrections)

Forensic psychologist Dr. Carole Lieberman suggested that while an acquittal is unlikely, a retrial is a strong possibility. She criticized the prosecution's tactics, arguing they exploited societal biases to secure a harsher punishment for Andrew. Pavatt also had part of his death sentence reversed in 2017, with a court ruling that the victim's death was not sufficiently “cruel and heinous” to justify the death penalty.