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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ScoopD (aka: Pam)

oh if only we could...   PTO makes me sick, all those women over there masturbating and drolling over the most vile criminals on the planet..   YUK!   
<br /><br />If there must be trouble, let it be in my day, that my child may have peace. -Thomas Paine<br /><br />My reason for supporting capital punishment: My cousin 16 yr. old Amanda Greenwell was murdered in March of 2004 at the hands of serial killer Jeremy Bryan Jones.

Metfan62


oh if only we could...   PTO makes me sick, all those women over there masturbating and drolling over the most vile criminals on the planet..   YUK!   


WOW Pam.  The visual you just planted in my mind is making me a little queasy.   :o
I've got one thing to say, get your Warden off this gurney and shut up. I am from the island of Barbados. I am the Warden of this unit. People are seeing you do this."

Monty Delk's Last words

Anne

#32
February 26, 2010, 10:45:55 AM Last Edit: February 26, 2010, 04:47:15 PM by AnneTheBelgian
http://www.independent.ie/breaking-news/world-news/death-row-brits-lastditch-appeal-2080477.html

Death row Brit's last-ditch appeal

Friday February 26 2010

A British grandmother on death row is to lodge a last-ditch appeal with the US Supreme Court in a bid to save her life.

Linda Carty was convicted in 2002 over the abduction and murder of a 25-year-old woman after a trial which campaigners say was "catastrophically flawed".

A video plea on behalf of the 51-year-old will be submitted to the Supreme Court alongside the appeal from her legal team and an amicus brief from the British Government. If it fails, Carty could be executed within months.

Carty was convicted over 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 killed, having suffocated with duct-tape over her mouth and a plastic bag placed around her head.

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

Carty has always maintained that she was framed over the murder by the men who carried out the abduction due to her earlier work as an informant for the Drug Enforcement Agency.

She had been employed by the authorities to befriend suspected drug dealers in a bid to obtain information from them.

The request for a retrial is based around the belief that Carty was given an incompetent defence lawyer during the original trial and that the British Government were wrongfully prevented from providing support.

Carty herself speaks on the video submission to the Supreme Court. In it she appeals to the Supreme Court to stop her execution. But she adds: "If I have to die, I pray that my family and my mum and my daughter will not look and feel ashamed of their daughter or their mother because I was guilty, but realises that the state of Texas has failed me."

Press Association


Another article in this link :

http://www.zizonline.com/news/?0B07D3EC-2219-22DB-AB0E43B84390388A




Anne

john

Just curious, was there ever any evidence that she did actually work as an informer for the DEA?

Anne

I have found this article :

http://www.monstersandcritics.com/people/news/article_1537446.php/Actors-join-death-penalty-protest-for-UK-grandmother



There are no words to qualify this attitude  >:( >:( It is very disgusting  >:( >:( >:( Are these "celebrities" think about the victim and her family ?

Hey boys, hey girls, take charge of your career  :-\  :D




Anne

ScoopD (aka: Pam)

Linda Carty, the Reprieve lie machine, and the bleeding heart of Clive Stafford Smith

by Alexander Baron

An obscure if somewhat bizarre murder case from the State of Texas is back in the news, and the bleeding heart liberals are banging the drum again, this time for a convicted murderess who is facing execution by lethal injection.

Surprisingly, though Linda Carty is black, her principal supporters haven't quite played the race card; they have though overplayed their hand with an endless stream of half-truths and bland acceptance of demonstrable lies. Carty's case has garnered a great deal of unwarranted publicity in the UK and has been endorsed uncritically by the mass media because she is said to be a British citizen, a claim that is true only in a purely technical sense. Her supporters have played a tape of her begging for her life, and a cardboard cut out of her was erected on the fourth plinth in Trafalgar Square during the recent innovative living artwork exhibition. Those like the current writer who have longer memories, suspicious minds and a reluctance to take the top fifty Google listings at face value, will be less than impressed.

According to an article on Reprieve's website, to which its director, campaigning lawyer Clive Stafford Smith contributed, it's all down to her incompetent lawyer, a flawed trial and a frame-up, if not by the authorities then by the actual perpetrators. Carty was convicted of the murder of a young mother who was bound, gagged, and stuffed in the boot of a car (that's the trunk to US readers). The evidence shows clearly that the death of Joana Rodriguez was not an unfortunate accident - which might just have reduced it to second degree murder or even manslaughter - it was an intentional and cruel act. Unlike her, Carty's co-defendants - whom she had tricked into the kidnapping - were interested only in stealing drugs and money from the apartment the victim shared with her common law husband and his cousin.

Sally Rowan of Reprieve wrote:

Quote
If Texas go ahead with her execution, Linda will die because she had a bad lawyer, and because the British Government was not given the chance to help her at a time when it could have made a difference.


Yes, that bad lawyer again, but why should the State of Texas allow the British Government to dictate to it how it should run its criminal justice system - even if the British Government were so minded?

So what exactly are Carty and her supporters claiming?

Carty claims she didn't do it. Period. She was framed by the bad guys because of her work as an undercover agent for the Drug Enforcement Agency. That phrase sounds impressive, doesn't it? Working undercover, but according to Reprieve, what it actually entailed was "befriending suspected traffickers in order to get information and sometimes to make test purchases of drugs".  In other words, she was a snitch, offering makeshift friendship to perhaps lonely men - maybe offering them sex - and on occasion acting as agent provocateur to deprive them of their freedom. This is what making test purchases actually entails. In Britain, this sort of entrapment is perfectly legal, typically, trading standards officers will send an under-age boy or girl into a newsagent to purchase cigarettes from an unsuspecting shopkeeper, and next thing, a hapless Mr Patel finds himself in court charged with corrupting the young.

In 1997, during a sojourn in Brixton Prison I met a rather pathetic victim of this sort of entrapment. He was a not young but youngish black man who bore a slight facial resemblance to heavyweight champion Evander Holyfield, but that was where his good luck ended. He was a typical petty criminal, at the time living in a hostel, but expecting to be rehoused. One day someone walked up to him in the street - obviously knowing the sort of man he was - and asked him if he could supply some weed. When he offered to oblige, he was promptly arrested and charged with intent to supply. Even though he had no actual drugs on him. What was left of his life was in ruins.

Carty sounds like she was frying bigger fish - ie, setting up unfortunates for prison sentences which in the USA can be quite Draconian. Why should anyone sympathise with her for that?

In any case, according to the minutely detailed judgement of the United States Court of Appeals (Fifth Circuit) filed October 15, 2009, Carty became a snitch for anything but idealistic reasons - but more of that anon!

Reprieve carp on:

Quote
In 1988 Linda was raped in a University of Houston car park. The rape resulted in a pregnancy and Linda gave birth to a baby girl (born 23 June 1989) who was given up for adoption. Linda felt a deep sense of shame and concealed the rape and the pregnancy from her family. Two months prior to giving birth, Linda's beloved father died, Linda was distraught. Later, she found herself in an abusive relationship and was a victim of domestic violence.


Firstly, Carty murdered Joana Rodriguez on May 16, 2001, so even if the rape story is true, it remains to be seen just how and why it is relevant as far as mitigation is concerned, although it may provide a motive, because the State's case was that Carty wanted the victim's baby, and had faked a pregnancy - presumably to cover for the sudden appearance of a little stranger. Carty had planned to cut the baby out of the victim - which necessitates murder - and would quite likely have killed the baby too - but by the time she was able to dupe her ad hoc gang into the actual kidnap, the child had been born. Stafford Smith calls this a "rather implausible theory". Bizarre, sick, twisted, yes, but in view of the damning evidence, not implausible at all.

The claim about her finding herself in an abusive relationship is probably bunk; certainly she was not abused by the man she was living with at the time this sick idea entered her head, because he walked out on her, and in fact testified against her. One of the gripes fermented by Reprieve and Carty's other supporters is that Juan Corona was not advised that he did not have to testify against her because of their relationship. That may be true, but why would she not want him to testify if she really is such a wonderful person and as innocent as her supporters claim? At any rate, by the time of her arrest he'd had enough of her lies, and had moved out.

Coming back to all the guff about rape and abuse, it might be argued that this should make her empathise with the likes of her victim.

Returning to the incompetent lawyer, one of the things he should have done, according to Reprieve, was visit St Kitts where Carty was born to ferret out information about what a wonderful person she was. Again, this sounds suspiciously like mitigation, and innocent people don't need mitigation. In the second place, Carty had been domiciled in the United States for some two decades, so any such testimony was hardly relevant, and if she had presented evidence that she had been such a wonderful person, a dedicated schoolteacher and community spirit, might not the State present evidence to the contrary?

Writing in The Guardian of March 29, 2009, Duncan Campbell explains how Carty became a DEA informant:

Quote
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.

This sounds like excellent mitigation too, unfortunately, the Fifth Circuit has a slightly different - and undoubtedly more accurate - explanation for the genesis of her undercover work:

Quote
... in 1992, Carty was arrested for auto theft when she rented a car that she never paid for or returned. To rent the car, Carty identified herself as an FBI agent, so the FBI also investigated her for impersonating an officer. Carty pleaded guilty and was placed on a ten-year term of probation (she was still on probation when arrested for murdering Rodriguez). The state agreed to dismiss the auto theft charge if Carty would act as an informant. Although she provided information leading to two arrests, her supervising officer concluded that she was an uncontrollable informant. Her service came to an end when she was arrested on drug charges. Police officers had been observing a large drug transaction when Carty entered the house under observation with a package. When she left, the police followed her. She led them on a high-speed chase. During the chase, Carty attempted to run over an officer. The police eventually recovered two pistols, $3,900 in cash, and fifty pounds of marijuana from her car.


This is Saint Linda?

At the end of the aforementioned Guardian article, Stafford Smith is quoted "...her lawyer presented virtually no defence, and no court has since taken her case seriously." Which begs the question, why does Reprieve?

Well, one reason could be that at the time of writing it is trying to raise fifteen grand for her defence, and maybe to pay for a working holiday or two.

Because the reader is told:

Quote
After Linda's conviction, investigators from Reprieve visited St Kitts and learnt that she was still remembered as a passionate teacher who frequently held extra classes for children with special needs.


Nice work if you can get it, fly out to an island in the sun, interview the locals, and write a report while sipping a pina colada by the pool.

Carty has garnered a great deal of unwarranted support on Facebook too, where liberal morons with more humanity than common sense have actually been raising funds for her.

The really annoying thing about this worthless crusade though is that this and similar cases detract from the genuinely worthwhile work Reprieve does. At the time of writing they claim to be representing no less than thirty-three of the Guantánamo Bay detainees. Unlike Carty, whose guilt has been established in a properly legally constituted court, and affirmed, these men have now been held for nearly a decade without trial or even charge, denied all legal process as though Magna Carta had never been thought of.

By peddling propaganda and outright lies in order to save the neck of a lowlife who kidnaps a young woman and murders her to get her hands on her baby - and would have murdered two other people but for her co-accused - Reprieve undermines the credibility of all the cases it handles.

soruce: http://majorityrights.com/index.php/weblog/comments/linda_carty_the_reprieve_lie_machine_and_the_bleeding_heart_of_clive_staf/
<br /><br />If there must be trouble, let it be in my day, that my child may have peace. -Thomas Paine<br /><br />My reason for supporting capital punishment: My cousin 16 yr. old Amanda Greenwell was murdered in March of 2004 at the hands of serial killer Jeremy Bryan Jones.

leopard32

As a British citizen living in the US I wouldn't want Clive Stafford Smith on my side were I convicted of a capital crime.  It seems like the "kiss of death".
Remember Nicolas Ingram and Tracey Housel? 

Swif

Even in Scotland on the local Scottish news we have had her singing "Amazing Grace" and pleading her case it does my head in - though my partner is an Anti and leaves the room when I start on it  :-[
Execution means no re-offending - nuff said

SCOTTISH AND PROUD OF IT

Granny B



Can't think much of a man who says the following:

"March 10, 2009

Clive Stafford Smith: 'If I had my time all over again, I'd defend paedophiles'"

http://business.timesonline.co.uk/tol/business/law/article5876657.ece

Or who does the following:

.......in December 2004, that Stafford Smith prepared a 50-page brief for the defense of Saddam Hussein arguing that Saddam should be tried in the U.S. under U.S. criminal law."
From Wiki
" Closure? Closure is a misused word in the English language.  There is no such thing as closure for the family of a murder victim.  There will never be any closure for the death of our loved ones until we are dead ourselves.  The families have a lifetime sentence of anguish and sadness." 
Susan Levy

Anne

http://www.huffingtonpost.com/bianca-jagger/a-case-for-the-supreme-co_b_553310.html

Bianca Jagger
International human rights and climate change advocate

Posted: April 27, 2010 10:00 AM

A Case for the Supreme Court

Linda Carty, a British citizen, faces the death penalty by lethal injection later this year, unless the Supreme Court agrees to hear her case. As with so many other death penalty convictions, Linda's case was fraught with errors and is an egregious miscarriage of justice.

For nearly three decades I have campaigned for justice and human rights throughout the world. During that period I have witnessed the State machinery of death at work, selectively killing people because they are poor, members of a minority and cannot afford adequate legal counsel. The death penalty is unfair, arbitrary and capricious, often based on jurisprudence fraught with racial discrimination and judicial bias. There is no guarantee that those who are executed are those who have committed the worst crimes; the death penalty is a Russian roulette.





Full article :

http://www.huffingtonpost.com/bianca-jagger/a-case-for-the-supreme-co_b_553310.html






>:( >:( >:( >:(

      
   
   
      

Anne


kubsch1

Poor abused Linda  :'( :'( :'(!  Murdering bitch.  Put her on the gurney and be rid of her sad story!  >:( >:(

kubsch1

She did the deed in Texas so Britian needs to get out of it.  Texas will deal with the murderer like it deals with all its criminals.  She can sing Amazing Grace and tell her story to the queen as far as I am concerned.  Texas still has her! :'( :'( :P :P :( :( >:(

BlueDog

Linda Carty...  A manipulative woman with a lifelong history of lying and setting up friends.  She's still lying, and journalists who are supposed to be responsible and check their facts continue to propagate her lies.

She killed her victim Joana Rodriguez with a plastic bag.  I really can't imagine a death much more horrifying than that one; being fully aware of dying on top of the terror she must have felt for her infant son.  Linda Carty is heartless and evil - the only people who are willing to stand up for her outside of her family seem to be over the pond, and as fully delusional as she is as to what kind of person she is.

She is a citizen of St. Kitts, which does in fact have a death penalty.  And the conditions there aren't nearly as cushy as the death row conditions where she currently resides.  Most of the Caribbean islands under the auspices of the British Privy Council are now establishing their own court systems, and are severing their courts of appeals because they feel that the British government is out of step with the problem of escalating violence, and that the death penalty is the only answer to violent crimes.

http://www.dailymail.co.uk/debate/article-1110973/Return-noose-St-Kitts-just-hanged-man-decade-believes-way-beat-violent-crime.html

I don't believe for one minute she was raped, people who have been victimized and traumatized in such a way identify as victims, and with victims.  I'm not saying women who experience rape aren't capable of vicious acts, whatever personality traits they had before the assault remain in play - I'm just saying, Linda Carty does not identify as a victim in any way, other than blaming the DEA and her former marks as the architects of her death penalty conviction.

Quote
Her supporters have played a tape of her begging for her life, and a cardboard cut out of her was erected on the fourth plinth in Trafalgar Square during the recent innovative living artwork exhibition.


Isn't that heartwarming and dramatic?  Maybe her bed-wetting Liberal supporters should show the other side of the issue, and hogtie themselves with plastic bags tied over their heads, on the Fourth Plinth while Linda Carty sings "Amazing Grace".  That kind of art exhibition is something I could really get behind.   ;)



Committing a murder is a function of free will.  There is no mental illness that directly causes people to rape, kill or harm others.  Death row inmates are not good people who unwittingly commit bad acts; they are bad people who deliberately commit atrocities.

mark


   That kind of art exhibition is something I could really get behind.   ;)


Me too
Such heavy words are so lightly thrown but i would still leap in front of a flying bullet for you

Anne

http://www.latimes.com/news/nationworld/nation/la-na-briton-death-row-20100503,0,5597109.story

Briton on death row in Texas seeks stay from Supreme Court

By Carol J. Williams, Los Angeles Times

May 3, 2010

When British consular officials in Houston first learned that Linda Carty was in trouble with the law, the St. Kitts-born British national was already on death row in Texas, convicted in a bizarre plot to kill a neighbor and kidnap her newborn son.

Under the Vienna Convention and a U.S.-British treaty, British authorities should have been notified of Carty's arrest "without delay." The time gap in notification is at the center of an appeal by Carty for a stay of execution, which the Supreme Court may rule on as soon as Monday.
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If the court does not grant the stay, Carty, 51, stands to become the first British woman executed in 55 years.

Carty's case is well known in Britain, where capital punishment is outlawed. Newspapers have followed her pleadings since British consular officials learned about her 2002 death sentence more than a year after it was imposed.

Carty has maintained her innocence in the 2001 killing of 25-year-old Joana Rodriguez, and British diplomats and pro bono lawyers have appealed to the Supreme Court with arguments impugning the fairness of her trial.

Carty's defenders argue that the outcome of her trial would have been different had she been accorded the protections offered by the British government.

"It made a material difference in this case," said Paul Lynch, British consul general in Houston. "It is quite clear to us that Linda Carty did not get the assistance she should have and the trial she should have."

Carty's appeal is a long shot. Although the International Court of Justice has upheld treaties that mandate governments inform one another on arrests of their nationals, the Supreme Court two years ago rejected the notion that states were obliged to follow the international court's decisions.

In his appeal to the Supreme Court, attorney Michael Goldberg said Carty's state-appointed defense lawyer, Jerry Guerinot, did not meet with Carty until two weeks before her trial and then only for 15 minutes. Goldberg also said that Guerinot never interviewed potential witnesses.

Guerinot didn't return phone calls seeking comment.

In a September ruling, the U.S. 5th Circuit Court of Appeals acknowledged deficiencies in Carty's trial but upheld a lower court's denial of relief.

In the trial, prosecutors charged that Carty had participated in the kidnapping and killing of Rodriguez in order to obtain her baby. Texas Assistant Atty. Gen. Katherine D. Hayes said that the 5th Circuit judged the evidence of Carty's guilt as "overwhelming."






(photo on : http://www.chron.com/disp/story.mpl/metropolitan/6986708.html)









Anne

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