Please urgently support Reprieve’s campaign to save British grandmother Linda Carty who was wrongfully being sentenced to death by a Texan court and is now dangerously close to execution. Below is the background to Linda’s case – please take action and sign Reprieve’s petition now! It only takes a few minutes but could save a life.
After a catastrophically flawed trial, British grandmother Linda Carty was sentenced to death in February 2002 by a Texan court and is now dangerously close to execution.
Linda was born on 5 October 1958 on the Caribbean island of St Kitts to Anguillan parents and holds a UK dependent territory passport. She worked as a primary school teacher in St Kitts until she was 23, when she moved to the US to study.
After disastrous failures by her court-appointed lawyer, Linda was convicted of taking part in the murder of 25 year-old Joana Rodriguez. The crime took place on 16 May 2001, when three men broke into the apartment of Rodriguez and her partner Raymundo Cabrera, demanding drugs and cash. They abducted Rodriguez and her four-day-old son, Ray, who was later found unharmed in a car, while Rodriguez had suffocated.
The prosecution’s rather implausible theory was that Linda was afraid of losing her common-law husband and thought that if she had another baby he would stay. Unable to get pregnant, they allege she had hired three men to kidnap Rodriguez and that she planned to steal the child - a baby of a different race to Linda.
Linda's court-appointed lawyer was Jerry Guerinot, whose incompetence has already led to twenty of his clients ending up on death row, more than any other defence lawyer in the US. His approach to her case was at best, slapdash, at worst, wilfully inept.
Guerinot's catalogue of serious failings in Linda's case includes: failure to meet Linda until immediately before the trial, failure to inform Linda or her husband of their rights; failure to spot obvious flaws and inconsistencies in the prosecution case; failure to interview witnesses; and failure to investigate key mitigating evidence.
After her conviction, investigators from Reprieve visited St Kitts and learnt that Linda was still remembered as a passionate teacher who frequently held extra classes for children with special needs. She also taught at Sunday school, sang in a national youth choir and led a volunteer social-work group.
This information would have enabled Guerinot to present her to the jurors as a dedicated teacher and community leader – factors that might well have induced them to vote to spare her life. But although Guerinot applied to the court for funds to go to St Kitts before Linda’s trial, neither he nor his staff made the trip.
By the time the Carty family emigrated to the US in 1982, Linda had a daughter Jovelle, then two (born 10 September 1979). Shortly after Jovelle was born, Jovelle’s father emigrated to New York, leaving Linda to care for the child alone. A year after Linda moved to Houston her cousin Harriet died suddenly. Linda and Harriet were very close and Linda was devastated.
During the 80s, Linda had begun to work as a confidential informant for the Drug Enforcement Agency (DEA), befriending suspected traffickers in order to get information and sometimes to make test purchases of drugs. Linda has always asserted her innocence, and believes that she was framed because of her work with the DEA.
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.
Linda is now incarcerated at Mountain View Unit, one of ten women on death row in Texas. Reprieve is working with Linda's lawyers at US firm Baker Botts; any views expressed here represent Reprieve's alone.
Linda’s final appeal has now been lodged in the Federal Courts; this is her last chance for a court to prevent her execution. On Thursday 3rd September Linda's lawyers made a last-ditch attempt to persuade judges in New Orleans' Fifth Circuit Court of Appeals, in an oral arguments hearing at 11am local time. This appeal failed.
Linda's lawyers submitted her case to the Supreme Court on February 26; the Court decided on 3 May 2010 to refuse to hear the case.
It is time to get very worried about Linda Carty. Please sign our petition.
Printer friendly page
Email this page to a friend
