As per the TDCJ an execution date of February 28, 2012 has been set for Anthony Bartee
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.
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.
Bartee was denied certiorari in the US Supreme Court orders of 3/22/10.
In an opinion dated September 14, 2011 the Texas Court of Criminal Appeals DENIED Bartee habaus relief on the ground of ineffectiveness of counsel. www.cncpunishment.com/forums/showthread.php?1368-Anthony-Bartee