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Thread: Anthony Bartee - Texas Death Row

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  1. #1
    Administrator Heidi's Avatar
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    Anthony Bartee - Texas Death Row


    David Cook







    Summary of Offense:

    On August 15, 1996, in San Antonio, Bartee murdered 37-year-old David Cook by using a nine-millimeter pistol to fatally shoot him in the head and neck. Bartee then took Cook's motorcycle and fled the scene. Bartee was on parole for two counts of aggravated rape when he committed the murders.

    Bartee was sentenced to death in Bexar County in September 1998.

  2. #2
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    On July 31, 2009, Bartee was denied a Certificate of Appealability by the US Fifth Circuit Court of Appeals.

    Opinion is here:

    http://www.ca5.uscourts.gov/opinions...0035.0.wpd.pdf

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    August 3, 2009

    A federal appeals court has rejected the latest attempt by a San Antonio death row inmate to have his 11-year-old capital murder conviction reconsidered.

    The decision means Anthony Bartee's only option for relief is appealing directly to the U.S. Supreme Court — meaning he likely has months, not years, until an execution is scheduled if he fails to convince the high court justices to examine his case, attorneys said Monday.

    A Bexar County jury gave Bartee, 52, the death penalty in 1998 after prosecutors said he stabbed a friend in the back with a pocket knife, shot him twice during a struggle over a gun and then slashed his throat after the friend already had died. Relatives found David Cook's body at his Northwest Side home several days after the Aug. 15, 1996, slaying.

    Prosecutors told jurors that Cook, a 37-year-old computer data company supervisor who had recently befriended Bartee, was killed for his red Harley-Davidson motorcycle and credit cards. Two witnesses testified Bartee had approached them before the killing, asking them to participate.

    The 5th U.S. Circuit Court of Appeals in New Orleans issued its 20-page ruling Friday. In it, the court rejected claims from Bartee that he had ineffective counsel; that prosecutors unfairly tainted the jury during closing arguments by bringing up his decision not to testify; and that the Bexar County district attorney's office oversaw improper plea deals with witnesses. Bartee also referred to a DNA report from last year that he said shows someone else was present at the crime. However, the report did not note if the other person could have been the victim, the justices pointed out. And under Texas' law of parties, it doesn't matter if someone else was there, they opined.

    Richard Langlois, who represented Bartee earlier before the Texas Court of Criminal Appeals, acknowledged Monday that the end of the inmate's appeals process seems to be near.

    District Attorney Susan Reed agreed, adding the latest ruling didn't surprise her.

    “I always appreciate the courts recognizing that there wasn't an error,” Reed said Monday.

    http://www.mysanantonio.com/news/loc.../52386657.html

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    On March 22, 2010, Bartee was denied certiorari by the US Supreme Court.

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    Edited

    Anthony Bartee, 55, was scheduled to die on Feb. 28 but was granted a reprieve to allow for additional forensic testing. Bartee's attorney, David Dow, sent a letter to the court arguing the new May 2 date should not have been set because the DNA testing has not been completed. He said neither he nor his client was told of a hearing to set a new date, the letter said.

    Bartee was convicted in the August 1996 robbery-murder of his friend David Cook.

    http://www.mysanantonio.com/news/loc...#ixzz1pKj2hLBi
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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    Administrator Heidi's Avatar
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    Quote Originally Posted by Heidi View Post
    Bartee's attorney, David Dow, sent a letter to the court arguing the new May 2 date should not have been set because the DNA testing has not been completed.
    I was informed yesterday, the DNA testing will be completed next week.
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  7. #7
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    I agree with the above! Just test every bit of DNA before setting an execution date. Obviously i dont want anyone to be executed, but last minutes stays are horrible for everyone involved.

  8. #8
    Senior Member Frequent Poster PATRICK5's Avatar
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    No. There is no reason to test forensically irrelevant evidence.
    Obama ate my dad

  9. #9
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    EX PARTE ANTHONY BARTEE

    In an opinion dated September 14, 2011, the Texas Court of Criminal Appeals DENIED Bartee habaus relief on the ground of ineffectiveness of counsel.

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    As per the TDCJ, an execution date of February 28, 2012 has been set for Anthony Bartee.

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