Linda Carty - USA

May 04

Linda Carty, a 46 year old British citizen, is on Death Row in Texas, convicted of murdering of a young mother in a bid to kidnap her baby.

There are many doubts surrounding her conviction and concerning issues that her case raises.

At her trial in February 2002, she was denied the counsel of her choice and was instead given a court-appointed defence lawyer who even stated in a sworn affidavit that he did not speak to Linda about her case until the middle of the trial, and then only once. In addition, the US authorities failed to advise the UK Government of the charges against her and, as a consequence, Linda did not receive any consular assistance.

In February 2002 Linda was found guilty of murder and convicted to death by lethal injection.

Linda's appeal is now pending before the Texas Court of Criminal Appeals. It has been filed by another court-appointed counsel and is hopelessly inadequate. As a result, the British Government stepped in to request that local prosecutors grant Linda Carty additional time days to enable her to finally secure effective legal representation. This request has been denied.

Background

Linda Carty, a teacher, went to the U.S. in 1981 at the request of her father. She did not take U.S. citizenship, although she has Legal Permanent Residence (LPR) status and spent her time studying.

The Allegations

Linda was arrested in 2001 after three men broke into her neighbour’s apartment,  beat up the man living there and abducting his partner, Joana Rodriguez, 25, and Ray, her four-day-old baby. Ray was later found unharmed in a car, but Rodriguez, was found dead in the boot of another car, gagged and tied up. She had died from suffocation.

Linda was accused of planning the kidnap so that she could take her newborn child. Prosecutors allege that she and the 3 men tied Joana up with duct tape, taped a bag over her head and put her in the boot of a car, where she suffocated. She is alleged to have recruited the three men with the offer of 200 lbs of marijuana.

The three men testified against Linda, accusing her of planning the kidnap. The key witness was spared the death penalty and allowed to plead to aggravated kidnapping in return for his testimony. The other co-defendants, also convicted felons, received reduced sentenced for their testimony.

There is no forensic evidence linking Linda Carty to the crime. The two eyewitnesses described four men invading the house. There is no mention of a woman.

Linda has appealed and is seeking a post-conviction review from the state court. She is also submitting an application for hapeas corpus.

Fair Trial Issues

1. There is no forensic evidence.
2. There are no eye witnesses to place Linda Carty at the scene of the crime.
3. She was sentenced to death on the word of three co-defendants, all of whom were given reduced prison terms for their testimony.
4. Her court appointed lawyer has a record of having the highest number of clients in the USA who receive the death penalty.