In closing arguments, the prosecution presented a pair of thong underwear from Andrew’s suitcase, asking whether a “grieving widow” would wear such an item. Andrew contends this spectacle amounted to a “Hawthorne-inspired public shaming,” distracting the jury with irrelevant and inflammatory evidence.
Her petition criticized the Oklahoma Court of Criminal Appeals and the Tenth Circuit for dismissing these claims, arguing the evidence and arguments undermined her right to a fair trial.
Supreme Court’s Rationale
The majority opinion referenced Payne v. Tennessee, the court’s 1991 ruling allowing victim impact statements in sentencing phases, but reaffirmed that evidence so harmful as to make a trial fundamentally unfair is barred. Andrew’s petition argued the Tenth Circuit failed to consider the cumulative harm of the state’s tactics.
“Convicting and condemning a woman to death because her clothing, appearance, demeanor, and sexual history do not comport with stereotypes of womanhood is ‘odious in all aspects [and] especially pernicious in the administration of justice,'” the petition stated.
