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    Linda Anita Carty - Texas Death Row

    Joana Rodriguez

    Linda Anita Carty

    Facts of the Crime:

    On May 16, 2001, Carty and three co-defendants invaded the home of Joana Rodriguez, 25. Rodriguez and her three-day-old baby were kidnapped and two other victims were beaten, duct taped and left in the residence. The woman was hog-tied with duct tape, a bag was taped over her head and she was placed in the trunk of a car where she died from suffocation.

    Carty was sentenced to death in Harris County in March 2002.

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    November 29, 2003

    British Woman Fights Texas Death Sentence

    A British woman sentenced to death in Texas has made a desperate plea to the Foreign Office, asking for help to persuade the US authorities to give her time to prove her innocence. Linda Carty, 45, was convicted last year of killing a woman as part of a bizarre plot to kidnap her newborn.

    A British woman sentenced to death in Texas has made a desperate plea to the Foreign Office, asking for help to persuade the US authorities to give her time to prove her innocence.

    Linda Carty, 45, was convicted last year of killing a woman as part of a bizarre plot to kidnap her newborn baby. Evidence against her came from three career criminals who admitted their own involvement. The state dropped murder charges against them in return for their testifying.

    Carty has new lawyers, led by Clive Stafford Smith, the British death row attorney based in New Orleans, who say they have found leads that would produce fresh evidence. But investigating it properly will take months and the deadline for filing her vital habeas corpus appeal is about to run out.

    The risk is that Carty, one of eight condemned female inmates at the Mountain View prison in Gatesville, will suffer the same fate as another Texas death row Briton, Jackie Elliott. He was executed by lethal injection last February after the US courts refused to accept the results of an investigation by Stafford Smith and his colleagues, including DNA samples, on the grounds that his previous lawyers should have raised the matter when they had the chance.

    'Texas has radically speeded-up its railroad to the death chamber.' Stafford Smith said. 'If we can't get extra time, by early next year, she's likely to be well on the way to dying.'

    Carty was born in St Kitts, then a British colony in the Caribbean. Her parents were born on Anguilla and she has a UK dependent territory passport. She was educated on the island and became a teacher. She moved to America in 1981 when her father married a US citizen but kept her nationality.

    She studied pharmacology at the University of Houston, but in 1988 became pregnant after a rape. The child was given up for adoption. Later, she found herself in an abusive relationship and was a victim of domestic violence. Her journey to death row began in 2001 when three men stormed a Houston apartment, beating a man called Raymundo Cabrera and abducting his partner, Joana Rodriguez, 25, and Ray, her four-day-old baby.

    Ray was later found unharmed in a car, but Joana, gagged and hog-tied, was found dead from suffocation in the boot of a second car. Chris Robinson, Gerald Anderson and Carlos Williams, who all had serious criminal records, admitted their role and have been jailed for kidnapping. But after detectives agreed not to pursue murder charges, they testified Carty was behind the plot. Her intention, they claimed, was to present the child as her own in the hope of salvaging her abusive relationship.

    Craig Goodheart, the state prosecutor, admitted that these three and two of their friends who also testified were not of good character. But he argued: 'If you were going to kidnap someone and execute them, who would you go with and where would you go?'

    However, Carty may have been especially vulnerable to evidence from criminals. She had worked as an informer for the Drugs Enforce ment Agency, supplying information which led to seizures worth many thousands of dollars and the imprisonment of dealers.

    When convicted, Carty began wailing and the judge told her to be silent. 'I wasn't even there,' she sobbed as she was led away.

    She was represented at her trial by Jerry Guerinot, a lawyer chosen by the court, who has had more clients sentenced to death in Texas - 19 - than any other attorney. She had wanted an experienced private attorney, but the judge refused an adjournment to give her family time to find the necessary funds. Stafford Smith said that under an international treaty, the Vienna Convention, the British consul should have been notified, and he would have helped her secure adequate representation. But the fact she is British has only recently come to light.


  3. #3
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    March 29, 2009

    British woman on death row makes final bid to avoid execution----Former primary schoolteacher wants retrial after conviction for taking part in murder

    A British woman on death row in Texas made a final bid this week to avoid execution and have her case re-tried. Her family and campaigners claim that she was not properly represented at her original trial and that she is innocent of the murder for which she was convicted.

    Linda Carty, 50, a former primary schoolteacher, was sentenced to death in 2002 after being convicted of taking part in the murder of 25-year-old Joana Rodriguez. Her legal team this week filed grounds for an appeal in a bid to overturn her conviction and death sentence in the state with the highest rate of executions in the US.

    Carty was born in St Kitts and has British citizenship as a result of the Caribbean island's status at that time. She worked as a teacher there before moving with her family to Houston, Texas, when she was 23.

    In Houston, she was approached by the police because the man she was dating at that time was, unknown to her, a drug dealer. She became a confidential informant (CI), passing on information about dealers and occasionally making test purchases of drugs on behalf of the Drugs Enforcement Administration (DEA). As a result of this work, she claims, she inevitably made a number of enemies.

    In 2001, 3 men broke into the apartment where the murder victim, Rodriguez, lived with her partner, Raymundo Cabrera. The men demanded drugs and stole a small quantity of cash. They also beat and bound Cabrera and his cousin, Rigoberto Cardernas, and abducted Rodriguez and her 4-day-old son, Ray. The baby was later found unharmed in a car, but Rodriguez was suffocated to death after being bound, her mouth duct-taped, and a plastic bag placed over her head.

    The prosecution's case was that Carty was afraid of losing her common-law husband, Jose Corona, and thought that, if she had another baby, he would stay with her. It was alleged that, because she was unable to conceive, she hired the men to kidnap a pregnant Rodriguez and remove the baby, using a pair of "surgical scissors".

    Initially, Carty was represented by a local lawyer, Jerry Guerinot, some of whose other previous clients are also now on death row. According to the organisation Reprieve, which has taken up Carty's case, and her current lawyers, no proper defence was mounted and she was not aware of her rights to consular access as a British citizen.

    Many of the discrepancies in the case against her were not challenged in her trial. Most glaringly, Rodriguez had already given birth so Carty, who lived in the same apartment complex as her, could hardly be accused of trying to remove the baby from the womb.

    Vitally, two key witnesses, her common-law husband and her DEA contact, both of whom could have helped her case, were never contacted by the defence team. Her DEA contact, Charlie Mathis, might have been able to testify to the extent of Linda's DEA work but was not asked to do so by the defence. In October 2005, Mathis swore in an affidavit that he could have given evidence that would have significantly aided her defence. "I found it odd that Linda's attorneys never even attempted to contact me, let alone talk with me about my testimony at Linda's trial," he said.

    In his affidavit, Mathis stated: "I would have been willing to testify that Linda should not have gotten the death penalty and also would have been willing to testify that I do not believe her to be a future danger. I would have testified that she is not a violent person, let alone a cold-blooded murderer."

    "When I began this case, I was pro-death penalty," said Mike Goldberg of the law firm, Baker Botts, which is now representing Carty. "But the facts are so outrageous that my firm is sparing no expense to get Linda Carty a new trial."

    Goldberg claims that key witnesses were never contacted.

    Clive Stafford Smith of Reprieve said: "It is time for the British to get seriously worried about Linda. She has not come close to a fair hearing so far - her lawyer presented virtually no defence, and no court has since taken her case seriously."

    (Source: The Guardian)

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    May 10, 2009

    UK government appeal for death row woman

    The government has intervened in the case of a British woman facing the death penalty in Texas, the Foreign Office has confirmed.

    Linda Carty was sentenced to death in 2002 for her part in the abduction and murder of a 25-year-old woman after a trial campaigners say was "catastrophically flawed".

    Last week, the UK government sent an amicus brief to the US Appeals court complaining of lack of notification of the woman's arrest and trial and "ineffective counsel".

    A Foreign Office spokeswoman added that it will make representations against the use of the death penalty.

    Carty, 50, was arrested and later convicted in connection to the kidnap and murder of Joana Rodriguez, who was seized alongside her four-day-old son by three men on 16 May 2001.

    The baby was later found unharmed in a car, but Rodriguez was found dead, having suffocated after having duct-tape put over her mouth and a plastic bag placed around her head.

    At the subsequent trial, prosecutors argued that the men were hired by Carty who, unable to get pregnant herself, intended to "cut the baby out" out of the woman and pass the child off as her own.

    It was claimed that the accused had bought surgical scissors ahead of the abduction.

    According to legal campaign group Reprieve, the prosecution's claim should have been objected to on the grounds that the baby had already been born and the inadequacy of the scissors purchased if they were to be used for such a procedure.

    Campaigners have highlighted a number of other failings during the trial.

    Carty believes she was framed for the crime by the three men who carried out the abduction due to her earlier work as an informant for the Drug Enforcement Agency (DEA). But the DEA agent who recruited Carty was not interviewed over her claims.

    Reprieve notes that the court-appointed defence lawyer has seen 20 of his clients ending up on death row - believed to be the highest of any defence lawyer in the US.

    In addition the authorities failed to contact the British Embassy or inform Carty of her right to consular assistance at the time of arrest or trial.

    She was born on the Caribbean island of St Kitts to parents from the British overseas territory of Anguilla. Carty holds a UK dependent territory passport and as such the British national's arrest should have been notified to the British Embassy under a bilateral treaty between the UK and US.

    More than 7 years after the death sentence was handed down, her case is now in the hands of the Federal Courts - the final stage in the appeal process.

    A spokesman for the British Embassy in Washington said an Amicus Curiae (friend of the court) brief had been sent to the US County Appeals for the Fifth Circuit on May 4.

    He said: "The brief focused on the issues of consular notification and ineffective counsel."

    A Foreign Office spokeswoman added: "The British government is opposed to the death penalty in all circumstances.

    "We make representations against the use of the death penalty on a British national at whatever stage and level is judged appropriate.

    "We remain in close contact with Ms Carty and her legal representation in the US and UK and continue to provide Ms Carty with consular assistance."

    Responding to the move, Clive Stafford Smith, director of Reprieve said: "It is admirable that the government has filed this brief on Linda's behalf.

    "Linda's plight is very serious - Texas is dedicated to the death penalty, and she could face execution as early as next year. I suspect she needs the help of her government more than any other British citizen right now."

    (Source: The Independent)

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    On August 28, 2009, the Fifth Circuit granted oral argument for Carty.


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    September 3, 2009

    Lawyers for Linda Carty, a British citizen on Death Row in Texas, will on Thursday make what they called a "last chance" appeal against her execution.

    Linda Carty has been represented by lawyers by the charity Reprieve since it emerged that she was born to Anguillan parents and so holds a British Overseas Territory passport

    Carty, 51, a grandmother from the Caribbean island of St Kitts, was sentenced to death for the murder in 2001 of a young mother whose baby she was allegedly trying to steal after what her British legal team describes as a "catastrophically flawed" trial.

    However, they said judges have refused to hear new evidence that the conviction was unsafe and that Carty is innocent.

    If her lawyers fail to to persuade judges in New Orleans's Fifth Circuit Court of Appeals, all that stands between Carty and death by lethal injection is the US Supreme Court, which only hears a small number of cases every year.

    Carty has been represented by lawyers by the charity Reprieve since it emerged that she was born to Anguillan parents and so holds a British Overseas Territory passport.

    She claims that she was framed for the killing of Joana Rodriguez by the three men who broke into the victim's home demanding drugs and money.

    After beating up her boyfriend, they kidnapped Miss Rodriguez and her four-day-old son, who was later found unharmed.

    But the mother suffocated after being bound up and locked in a car boot with a plastic bag tied over her head.

    Carty alleges that the men falsely claimed she had recruited them to help her get hold of the baby after she suffered a string of miscarriages.

    She says they were former drugs traffickers who wanted revenge on her for her work as a secret informant for the US Drug Enforcement Administration.

    Her lawyers claim she was forced to rely on a court-appointed lawyer whose incompetence had already led to 20 clients end up on death row – more than any other US defence lawyer.

    Among the charges levelled against him were that he failed to spot obvious inconsistencies in the prosecution case, did not meet his client until immediately before the trial and failed to interview important witnesses.

    Clive Stafford Smith, Reprieve's director, said the US court system's refusal to hear most of their arguments "makes no sense".

    He said: "Linda's legal representation at trial was appalling and she would not be on Death Row on Thursday if she had received an adequate defence."

    "The rules that courts use to deny justice in capital cases are simply bizarre - only last week Justice Scalia reiterated that someone who is innocent can be executed so long as she had a 'fair' trial."

    He said Carty was "dangerously close to the execution chamber" and that the British Government needed to everything in its power to save her life.

    The Foreign Office confirmed it had made representations to the US authorities that it was opposed to the death penalty.

    It has also offered consular assistance to Carty and her family.

    Carty is one of 10 women on death row in Texas, which executes far more convicted criminals than any other state.

    Last week, the state's execution in 2004 of a man convicted of murdering his three young children by arson was undermined after fire experts said the trial's forensic evidence was deeply flawed.


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    September 18, 2009

    HOUSTON — Condemned Texas inmate Linda Carty has lost a federal appeal, moving her closer to execution over the abduction and death of a woman whose child she also had snatched in Houston in 2001.

    The 5th U.S. Circuit Court of Appeals, in a ruling late Thursday, rejected arguments from the 50-year-old Carty that her trial lawyers were deficient and that she still had appeals issues she should be able to raise in state courts.

    Carty is one of 10 women on death row in Texas. She is a former teacher from St. Kitts in the British Virgin Islands, where she was born, making her a British citizen.

    Just last week, a taped voice recording of Carty begging Britons to help save her life was broadcast into London's Trafalgar Square.


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    September 18, 2009

    Woman on death row may turn to Supreme Court

    A federal appellate court has rejected condemned inmate Linda Anita Carty's bid for a new trial, keeping her on Texas' death row for killing a Houston mother and kidnapping the slain woman's 4-day-old baby.

    The 5th U.S. Circuit Court of Appeals ruled late Thursday that a district court did not err in denying a new trial for Carty, a 50-year-old grandmother and a native of the British Virgin Islands.

    Carty's attorneys, who handled her appeal for free at the request of the British government, argued her former lawyers provided ineffective counsel at her trial and said the Harris County jury that convicted her might have sentenced her to life in prison had they been given a more complete portrait of her character.

    The Texas Attorney General's Office disagreed. A Harris County prosecutor applauded the higher court's decision.

    “She was convicted of a particularly heinous offense,” said Roe Wilson, chief of the Harris County District Attorney's Post Conviction Writs Division. “She intended to cut the baby from the stomach of a nine-month pregnant woman. … The baby, however, had already been born.

    “Carty and her accomplices kidnapped the mother and the 4-day-old baby. Carty kept the baby and killed the mother later that night by placing a plastic bag over her head,” Wilson said.

    Pleas to Britons

    Michael Goldberg, a partner at the Baker Botts firm who led Carty's appeal, said he will push the fight to the U.S. Supreme Court if necessary.

    “We were not seeking to have her go free — we were simply seeking a trial with a lawyer that cared about putting on evidence,” Goldberg said Friday. “How can you send someone to death without giving them a chance to put on their case even once?”

    Goldberg said Carty's appellate lawyers have not yet decided whether to ask the 5th Circuit to reconsider its ruling or whether to go straight to the Supreme Court.

    Last week, a tape-recorded message by Carty pleading for help was played repeatedly in London's Trafalgar Square.

    “I'm sorry if I sound like a desperate woman,” Carty said on the tape, according to the British newspaper The Guardian. “I am desperate, because the British people may be my last hope. If they ask for my life to be spared, maybe Texas will listen.”

    Wilson dismissed those public pleas.

    “That's just something that people who are supporting her have done,” Wilson said Friday. “It doesn't change the facts of the case. It doesn't change the jury's decision or the courts' decisions.”

    Carty, a foreign national citizen of St. Kitts, where she had worked as a teacher, planned the kidnapping of Houston mother Joana Rodriguez, 20, and her newborn, Ray Cabrera.

    On May 16, 2001, four gunmen burst into the family's apartment in the 10300 block of Westview and pistol whipped Rodriguez's husband, Raymond Cabrera, and her cousin, Rigoberto Cardenas, before taking the mother and baby.

    Testimony revealed Carty planned and orchestrated the crimes because she wanted Rodriguez's baby. Carty and the other kidnappers took the mother and baby to the 6400 block of Van Zandt, and one of the men closed the mother in the trunk of Carty's car.

    Witnesses later saw Carty standing partly in the car's trunk and partly on the ground while Rodriguez was face down in the trunk and saw that Carty had placed a plastic bag over the mother's head, court papers show. The bag had been taped around the bottom, and Rodriguez's arms and legs were bound with duct tape. Her mouth and nose also were taped.

    A forensic expert later determined Rodriguez had been suffocated. The baby was recovered unharmed and later reunited with his father.

    Convicted in 2002

    A Harris County jury convicted Carty of capital murder in February 2002. Her appellate briefs said her appointed trial attorneys met her for the first time just two weeks before jury selection.

    Carty's appellate attorneys argued her trial counsel gave ineffective assistance by failing to interview Carty's boyfriend, Jose Corona, whom she claimed was her common-law husband, and by failing to notify Corona of his right to assert his marital privilege not to testify against her.

    The federal appellate court agreed Thursday while Carty's trial lawyers acted “objectively unreasonably” by failing to interview Corona, that omission did not prejudice Carty's defense. Corona's testimony at trial was “undoubtedly damaging” to Carty's case, the higher court noted, but that did not render her conviction “fundamentally unreliable.”

    Carty's appellate attorneys also argued her trial lawyers were ineffective because they failed to investigate or present mitigating evidence from some family and friends who knew of her character and failed to reveal she suffered from post-traumatic stress disorder after becoming pregnant from a sexual assault and giving up her baby for adoption. The federal court found Carty failed to show others' testimony would have resulted in a life sentence instead of the death penalty.


  9. #9
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    May 3, 2010

    High court nixes death-row appeal of woman in Houston slaying

    The Supreme Court has refused to review the case of a British woman sentenced to death for killing a Houston mother and stealing her baby in 2001.

    The justices rejected an appeal from Linda Carty, who complained her trial lawyers were deficient.

    Twenty-year-old Joana Rodriguez had just given birth days earlier when four men busted into her Houston apartment on May 16, 2001, pistol-whipped her husband and abducted her and her newborn.

    Rodriguez's body was later found in the trunk of a car with a plastic bag over her head. Her arms and legs were bound with duct tape and her mouth and nose also had been covered with tape. An autopsy revealed she suffocated.

    Authorities said Carty, a neighbor, plotted the kidnapping because she wanted Rodriguez's baby in a desperate attempt to keep her common-law husband.

    Carty, 51, was found guilty of capital murder in February 2002. She is one of 10 women on Texas death row. The British government and anti-death penalty groups have taken up her cause.

    Carty, who claims she had ineffective counsel and maintains her innocence, was optimistic before the ruling.

    “I think there's a possibility they will take it,” Carty said during an interview last week at the Texas Department of Criminal Justice Mountain View Unit, just west of Waco.

    Texas officials will now set an execution date and Carty, a British citizen, will become the only woman to have a slot on the state's execution calendar. It could be years before she's actually put to death.

    It is rare for women to get the death penalty in the United States and even rarer for them to be put death. Fifty-four women are on death row and in the modern era (1973 to 2009) of the death penalty, only 11 women have been executed.

    Part of the reason is that few women commit capital offenses, but Ohio Northern University law professor Victor Streib, who has studied women and death penalty for 25 years, suggests there's a secondary reason.

    The justice system, Streib said, treats women differently than men.

    “Women aren't sentenced to death at trial as often as you think,” Streib said. “And once they're sentenced to death, they're more likely to have the sentence reversed by an appellate court. As a society, we're nervous about taking women's lives.”

    That's even true in Texas, the nation's death penalty capital, he said. The state has executed only three women since 1973. The last female execution in the U.S. was in Texas in 2005. Francis Newton, of Harris County, was put to death for killing her husband and children in 1987. She sat on death row for nearly 20 years.

    Bias denied, but . . .

    Most prosecutors and judges deny there's a bias, but the statistics show otherwise, said Streib, who publishes an annual report, Death Penalty for Female Offenders.

    Harris County District Attorney Pat Lykos declined to comment on the issue because of pending death penalty cases, but other prosecutors who have handled capital cases involving women said they review them the same as they do those involving men.

    “Our policy has always been if we feel someone committed a crime that merits the death penalty, we're going to seek it no matter who they are or what their gender is,” said Bob Gill, assistant chief of the criminal division of the Tarrant County District Attorney's Office.

    Collin County's first assistant district attorney, Gregory Davis, tried two death penalty cases against women when he worked for the Dallas County District Attorney's Office from 1992-2002.

    Darlie Routier, the North Texas mother sentenced to death for killing her children in 1996, was one of them. Davis said he had some hesitation about pursuing the death penalty against Routier only because it had never been done before in the county.

    “From a practical standpoint, you have to take into account the attitude of jurors and the jurisdiction,” Davis said. “But in the Routier case, I didn't feel that was significant because of the terrible brutality and lack of remorse.”

    He said he believes there is a public perception that women are not as violent as men, and jurors are sometimes less likely to impose death sentences against women. And when looking at mitigating factors, they are also more prone to listen to emotional appeals from women than men, he said.

    “They have a hard time finding these women are a future danger,” Davis said.

    Streib said it's difficult to pinpoint why some women get the death penalty and others do not because the justice system is not a rational process. But women who kill like men (kill strangers or commit a senseless act) or commit a brutal, bloody crime tend to get a death sentence, he said.

    Roe Wilson, who handles post-conviction writs for the Harris County District Attorney's Office, described the facts in Carty's case as “heinous.” Carty, who pretended to be pregnant, had planned to cut the baby out of Rodriguez's stomach and had brought surgical supplies to do it, Wilson said. When she learned the woman already had the baby, she abducted her, she said.

    Witnesses also said they saw Carty put the plastic bag over the mother's head while she lay in the trunk.

    Was she framed?

    Carty, who came to the United States in the early 1980s, contends that she was framed by the other suspects who learned she was an informant with the U.S. Drug Enforcement Agency. One of them had borrowed her car the day of the crime, she said.

    She said the state's case is fabricated and had she had proper counsel during her trial, she wouldn't be on death row. In lower court appeals filed by her appellate attorneys with Baker Botts law firm, Carty claims her state-appointed attorney met with her two weeks before her trial for only 15 minutes. He also failed to properly investigate her case, to interview and inform her common-law husband of his right to spousal immunity and to notify the British consulate about her case.

    While the lower courts denied her requests for a new trial, they admitted there were mistakes made in her defense, said Michael Goldberg, a partner with Baker Botts.

    The law firm is representing Carty for free at the request of the British government.

    “I believe with all my heart that she deserves to have a trial so a jury can hear a real case with a real defense on her behalf,” Goldberg said. “We have 20 key witnesses who were never called and could have testified that Linda is not a murderer and not a danger to society.”


  10. #10
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    June 28, 2010

    HOUSTON — The U.S. Supreme Court has upheld the death sentence of a 22-year-old Houston man described by authorities as leader of a gang responsible for at least four murders and dozens of robberies.

    Dexter Darnell Johnson was convicted of the June 2006 shooting deaths of a young couple during a carjacking.

    Johnson's case is one of three Texas death row cases — all from Houston — acted on by the high court Monday.

    Justices also upheld the conviction of 54-year-old Max Soffar, who was retried in 2006 for a shooting rampage at a bowling alley that killed three in 1980.

    And the court has refused to rehear its rejection of an appeal from Linda Carty, a 51-year-old British grandmother convicted of murdering a 20-year-old woman and kidnapping the victim's newborn son in 2001.


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