Death row inmate may get retrial due to claim of 'sex-shaming' prosecutors

She was convicted in the 2001 murder, along with her lover and fellow Sunday school teacher, James Pavatt. Pavatt, who had sold Rob Andrew an $800,000 life insurance policy, had confessed to killing Rob with a friend. He denied that Brenda was involved.

Her attorneys argue that evidence about her "plainly irrelevant sexual history" wasn't fair to use in court, where prosecutors called her a "slut puppy" and showed jurors one of her thongs, according to their court filings.

The prosecutor said the thong was strong evidence that Andrew had murdered her husband, the New York Times reported. 

"The grieving widow packs this to run off with her boyfriend," he said, holding her garment. "Can't twist the facts, folks. Can't twist the evidence."

Andrew had packed the underwear for a trip to Mexico days after her husband's death. Andrew and Pavatt ran out of money three months after the murder, in February 2002, and re-entered the United States, according to the outlet, where they were arrested at the border. Andrew's two children, who were traveling with them, were put into their paternal grandparents' custody.

However, Justice Clarence Thomas and Justice Neil M. Gorsuch dissented. 

"Sex and marriage were unavoidable issues at Andrew's trial, and the state introduced a variety of evidence about her sexual behavior," Thomas wrote. 

In a brief urging the Supreme Court not to hear Andrew's case, prosecutors argued that testimony regarding her appearance and sexuality were "but a drop in the ocean" of evidence against her. Before the Supreme Court's Tuesday decision, lower courts had suggested that while prosecutors' presentation of the case was inappropriate, the case against Andrew still stands.

The 10th Circuit Court of Appeals in Colorado will now review Andrew's claims.

He said Andrew could be resentenced or get an entirely new trial based on the appeals court's findings. The court could also decide that no action is needed, and that Andrew should remain on death row.

"Wielding these gendered tropes to justify a conviction and punishment of death is intolerable and poses a threat to everyone who does not follow rigid gender norms," she told the outlet.

Although she doubts the court will acquit Andrew of murder, forensic psychologist Dr. Carole Lieberman told Fox News Digital said she is likely to get a retrial. 

Andrew's last appeal in 2008 was denied, according to the Oklahoma Department of Corrections.