5th Circuit Denies COA for Linda Carty TX DR #999406 in 2001 Murder

Started by ScoopD (aka: Pam), June 15, 2008, 10:01:39 PM

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AnneTheBelgian

#180
October 19, 2012, 12:35:48 PM Last Edit: October 19, 2012, 01:20:41 PM by AnneTheBelgian
Continue to sing, stupid b**** >:( We will never support you here... :D

Troll >:(




Anne
"DEATH PENALTY OPPONENTS WHO TWIST THE TRUTH TO PROTECT KILLERS ARE ALSO TORTURING VICTIMS FAMILIES" (PETER BRONSON, CINCINNATI ENQUIRER,FEBRUARY 3, 2003)

PRO DEATH PENALTY AND PROUD OF IT !!!

JE MAINTIENDRAI (MOTTO OF WILLIAM I THE SILENT, PRINCE OF ORANGE, 1533 - 1584, MOTTO OF THE NETHERLANDS)

DEO JUVANTE (MOTTO OF THE PRINCIPALITY OF MONACO)

PROUD TO BE BELGIAN !!! I LOVE MY KINGDOM !!!

Angelstorms OL'Man

Well I am going to send her a card..  A get well card...............
This was designed to hurt....Its a SEAL Candace unless you have been there yo will never understand...

turboprinz

Linda Carty: British woman on death row in Texas 'refused new trial'
Friday 2 September 2016

A Texas judge has refused a British woman on death row a retrial, which could have change the outcome of her 2002 murder conviction.

Lawyers for Linda Carty argued that she was denied due process when prosecutors did not disclose a false witness statement claiming she had that masterminded a kidnapping and murder in 2001.

According to The Houston Chronicle, Carty was sentenced to death after she was convicted of killing her neighbour, Joana Rodriguez, in May 2001.

Ms Rodriguez was found tied-up and gagged in the boot of a car after she and her newborn baby were snatched from her home in Houston.

Judge David Garner said prosecutors still had overwhelming evidence of the defendant's guilt from other sources despite hearing Carty's appeal.

He admitted that prosecutors should have turned over their witness statements during the trial in 2002 but said it was not likely to have changed the course of the conviction.

Assistant District Attorney Josh Reiss told the newspaper on Thursday: "These were serious and unfounded allegations of misconduct against two very senior prosecutors who have done nothing for the past two decades except protect and serve people of Harris County. And this recommendation serves to uphold their fine reputations."

Carty, who was born on St Kitts when it was under British rule, reportedly led police to the vehicle where Ms Rodriguez was found asphyxiated.

Her baby was rescued.

Although, Carty denies she was involved in the murder, prosecutors claim she planned the kidnapping with three other men.

Her alleged accomplices did not receive death sentences for their parts in the crime.

Prosecutors claimed that Carty wanted Rodriguez's newborn son after suffering several miscarriages.

She was convicted under the Texas "law of parties" which states that a person is criminally liable if one "solicits, encourages, directs, aids, or attempts to aid the other person to commit the offence".

https://www.standard.co.uk/news/crime/death-row-brit-linda-carty-a3335771.html
I apologize for my not perfect English. Hopefully you understand what I mean. If not - ask me. I will try to explain.

Amanda

Court rejects appeal from British woman on Texas death row

http://www.stltoday.com/news/national/court-rejects-appeal-from-british-woman-on-texas-death-row/article_11bec77d-9ba0-5f9b-8ff3-fdfaa0165f83.html

Wed. Feb. 7, 2018

Texas' highest criminal court on Wednesday rejected the appeal of a condemned British national who was convicted of arranging the killing of a neighbor so she could take the woman's baby.

The Texas Court of Criminal Appeals upheld the ruling of a lower court, which rejected Linda Carty's arguments that prosecutors had coerced witnesses and improperly hidden information that could have affected the outcome of her capital murder trial.

Carty, a native of St. Kitts and Nevis and the only British woman on death row in the United States, was convicted in the 2001 suffocation of 20-year-old Joana Rodriguez.

Prosecutors said Carty, who had been living in Houston for about 20 years by the time of her trial, recruited three men to abduct Rodriguez and her newborn in the hopes of saving her relationship with her common-law husband by passing off the child as her own.

Rodriguez and her days-old son, Ray Cabrera, were abducted from their Houston apartment on May 16, 2001. The boy was found safe in a car that same day, but his mother was found suffocated in the trunk of another car. Her arms and legs were wrapped in duct tape, her mouth and nose also were taped and she had a plastic bag over her head.

The three men charged as Carty's accomplices received long prison terms. Carty was sentenced to death.

Carty's lawyer, Michael Goldberg, said Wednesday that he was unaware of the ruling and had no immediate comment.

The appeals court ruling supported the findings of District Judge David Garner, who decided in 2016 that Harris County prosecutors should have turned over some witness statements to Carty's trial lawyers, but that the evidence was overwhelming and wouldn't have changed the trial's outcome. Garner also determined that prosecutors didn't knowingly use perjured testimony or allow untrue testimony at the trial.

In a concurring opinion joined by two other appeals court judges, Judge Bert Richardson wrote that while Carty's lawyers contended that prosecutors committed "egregious misconduct," those claims weren't supported in the court record.

"None of the evidence eliminates her or even casts reasonable doubt on her role as a party to this offense," Richardson wrote.

When she was arrested, Carty was on probation for impersonating a federal agent and previously had been arrested for auto theft and drug charges.

She does not yet have an execution date.

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