Linda Carty - USA

Linda Carty, a 50 year old British national, is facing death by lethal injection after being convicted by a court in Texas on charges of ordering a murder.

Fair Trials International is highly concerned about the circumstances surrounding Linda’s trial in the US. In particular, the denial of Linda to be able to choose her own representation at the trial, and the ineffectual representation she received from her court appointed lawyer.

US authorities also failed to advise the UK Government of the charges against her and, as a consequence, she did not receive any consular assistance.

Linda has now had her final appeal to the federal New Orleans court denied. She may now face execution by lethal injection within a matter of months.

BACKGROUND

Linda Carty is a 50 year old British citizen born on the Caribbean island of St Kitts, where she worked as a primary school teacher and volunteered for a social work group.

In 1982, Linda and her family immigrated to the US. There she furthered her studies and later became a pharmaceutical technician.

During the 1980s, while still a student, Linda was recruited as an undercover informant by the US Drug Enforcement Agency (DEA). Her work for the DEA involved befriending suspected drug traffickers, usually of Caribbean origin, and passing information to her handler.

In May 2001, three men broke into the house of Linda’s neighbour, 25 year old Joana Rodriguez. After demanding drugs and money they assaulted her partner, before kidnapping Joana and her four day old baby. The baby was later found unharmed in a car but Joana’s body was discovered in the boot of another car, bound and suffocated.

After the three men who perpetrated the crime were arrested by police, they claimed Linda masterminded the murder. The prosecution alleged that Linda, unable to fall pregnant, had plotted to steal her pregnant neighbour’s baby by cutting it from her before it was born, in order to pass it off as her own and save her relationship with her husband. This explanation does not stand up, as evidence shows that the baby had been born four days prior to the events taking place. Moreover, the baby was of a different race to Linda, so her husband would never have believed that it was hers.

The three men escaped the death penalty themselves by declaring that Linda had orchestrated the entire event.

Linda believes local drug dealers discovered she was a DEA informant and were behind her being implicated in the murder.

Linda was arrested, tried and convicted of murder in 2002. She was sentenced to death.

Fair Trials International is concerned with the ineffective representation Linda received. The lawyer Linda had originally appointed was replaced by one appointed by Harris County authorities. This court appointed lawyer reportedly has the single highest record of capital convictions of any defence lawyer in the entire United States. Indeed, in September 2009  the Fifth Circuit court in New Orleans conceded in the appeal hearing  that her lawyer had “performed objectively unreasonably” in his duty to defend Linda.

FAIR TRIAL ISSUES:

• Linda’s lawyer did not meet with her, nor go through the case with her, until immediately before the trial, and then only for fifteen minutes.
• Linda was not informed that, as a British citizen, she was entitled to contact the consulate. Her lawyer also failed to inform the consulate of her arrest. The British government has since filed an amicus brief with the Court saying that if they had been notified at the time they would have assisted by obtaining effective legal representation; consulted legal NGOs at an early stage; monitored proceedings; and attempted to persuade prosecutors not to seek the death penalty.
• Her lawyer did not investigate Linda’s personal history in St Kitts where she lived until she was 23. No character evidence was brought detailing Linda’s life as an elementary school teacher, who worked with special needs children and sang in a national choir. Evidence of her life as a dedicated teacher and community leader may well have persuaded the jury to vote to save her life.
• Vital witnesses were not called. Linda had previously worked for the US Drug Enforcement Agency (DEA) as a confidential informant to catch drug traffickers. It is her belief that she was framed for the murder as the result of local drug dealers uncovering her true identity. Her lawyer failed to cross examine her handler from the DEA, so as to establish she had previously worked as an informant.
• In Texas there is a spousal privilege in which a husband cannot be compelled to testify against his wife. Linda’s husband was not informed of this by her lawyer and was a key witness in the prosecution’s case. He has since stated that had he been cross examined he would have testified "I do not believe that she is an aggressive person or a threat to society".
• Inconsistencies in the prosecution case were not identified by the defence. The prosecution alleged that Linda bought surgical scissors prior to the incident for the purpose of cutting the baby from Joana. They were, in reality, blunt, rounded bandage cutting scissors which could not have punctured skin, let alone abdominal and uterine walls. This was not pointed out by the defence.
• No forensic evidence links Linda to the incident and no eye witnesses saw her.
• The three co-defendants were career criminals who did not receive capital punishment on the agreement that they would testify against Linda.

Her legal team is now campaigning to have their arguments reheard in the Fifth Circuit court. If this fails they will appeal to the Supreme Court but, as the court only considers a few cases a year, it remains extremely unlikely that her case will be heard. Fears are now growing that Linda will be executed by the state of Texas within the next few months.

Fair Trials International, together with other campaign groups, such as Reprieve, are now appealing to the British Public and Government to do what they can to prevent Linda's death. A recorded statement made by Linda was broadcast from the Fourth Plinth in Trafalgar Square this month, as part of Anthony Gormley’s One and Other Exhibition. Linda said “It is everybody’s worst nightmare to be convicted of a crime they didn’t commit… Time is now running out and I appeal to every one of you and the British government to help me”.