I don’t know if Linda Carty did or did not commit the offence for which she will be executed in Texas shortly – but it does seem to be clear:
(a) That Texas has broken the agreement relating to British citizens by failing to inform the British government when legal action is taken against British citizens
(b) That Linda Carty is a British citizen by virtue of her birth in St Kitts
(c) The original trial was flawed in several ways – her conviction resting on testimony of co-conspirators who testified against her to avoid execution themselves
(d) That Jerry Guerinot, the defence lawyer, has landed 20 clients on death row, more than any defender in America (The Times) and that he only met Carty for 15 minutes before the trial. It appears, astonishingly, that he failed to cross-examine prosecution witnesses.
(e) The New York Times concluded “A good way to end up on death row is to be accused of a capital crime and have Jerry Guerinot represent you [See also: Attorney Jerry Guerinot, Undertaker For The State Of Texas]
Britain has filed several briefs detailing flaws in the conviction. These have produced no result.
Reprieve: A visit with Linda Carty – British grandmother on death row in Texas
The Times notes that an appeal for clemency would be highly improbable. Texas has a taste for executing criminals.
We’re No. 1! (In Executions)
The Observer reported in 2007: “In Texas, it is the jury, rather than the judge, which decides when to confer the ultimate penalty. Guerinot has acted for 39 capital murder defendants, of whom three had their charges dropped by the prosecution and six pleaded guilty in return for life imprisonment. In a further five trials, the prosecution did not ask for the death penalty when it came to sentencing. Guerinot has managed to persuade a jury to give his client life instead of death just five times since 1983. Not one of his capital clients has been found not guilty. Thirty-eight states in the US have the death penalty: former Guerinot clients have either been executed or are on death row in 15 states besides Texas.”
The Times noted that there is one possible hope. “One legal precedent does offer hope. In 2008, Mexico succeded in persuading the International Court of Justice to strike down as death sentence imposed on a Mexican citizen in texas. As in the Carty case, the Texan authorities had breached international law by failing to notify the defendant’s home government about the trial. The US Supreme Court rejected that ruling.
I make a few points: I am against the death penalty. Many people – but far from a clear majority in Britain – are. They say that if there was a referendum on the death penalty in Britain – it would be brought back. Hopefully this is not correct and there will be no such referendum.
I don’t practise law. I was an academic. I am now a blogger who does various things, including a bit of law commentary. I know a great many lawyers who do and I have had the pleasure of talking with some fairly well known defense lawyers who blog. I have also had the pleasure of talking with a US Public defender from Connecticut – who is an ardent opponent of the death penalty in the States. The problem is that, as I suspect is the case in Britain, the quality of legal representation is both excellent and bad in the United States. This is a common problem with many sectors – unfortunate thought it may be. It would seem, from remarks in a leading US newspaper (above), that Linda Carty drew a short straw and ended up with one of the bad ones. Unfortunately – this is not a matter of a poorly executed conveyance, if you forgive the deliberate metaphor – this is a matter where a woman will be put to death by the State of Texas. If the trial and legal representation was flawed – it should not be a matter of our prime minister appealing for clemency – the entire trial should be be set aside (assuming there is provision for appeals of this nature – and if there isn’t, perhaps there should be)
If the trial was fair, the legal representation to the standards expected of lawyers in the United States, then it becomes a matter of investigating the breach of the agreement between Britain and the United States as to why our government was not informed. If that has been breached – is the trial even valid in law? I don’t know the answer to that one. Assuming that argument to be a non-runner (in which case why bother having agreements between the United States and Britain on such matters) it becomes a matter for the United States to consider the value they place on our relationship with them should Cameron make an appeal.
The fact that the United States has a death penalty in some states is a matter for the United States. This does not stop those opposed in their country and elsewhere lobbying or commenting negatively. Should British prime ministers be making clemency appeals? I’m not so sure they should or should have to. I hope David Cameron will on grounds that Linda Carty is a British citizen, albeit indirectly, and on humane grounds. Others will disagree and say that he should not – let justice take its course. I think the United States should remember, however flawed or effective our relationship is, however effective our contribution to the Iraq and Afghanistan wars has been in American eyes, that we have stood shoulder to shoulder with them. British soldiers (from all services) have fought alongside American troops and many have died – still more have been injured. In the light of this, let alone our common history – I do not think it unreasonable to ask the United States of America to ask the State of Texas – (a) Did you breach the agreement between the United States and Britain relating to informing the British government? and if so what can be done about that? (b) Can you be absolutely sure that Linda Carty got a fair trial given the objective assessment of the procedures and the behaviour of the trial lawyer? and then (c) if the answer to (a) and (b) is No and Yes – (c) ask if they could exercise clemency?
I suspect that Linda Carty will be put to death. I very much hope not – for the sake of humanity, let alone the rule of law.
I am grateful to you for bringing this case to the public’s attention. Even if the accused is guilty she does not deserve what is clearly a cruel if, sadly, not an unusual punishment in Texas. More worryingly, she does not appear to have enjoyed anything like a fair trial.
Jane – worrying. reprieve is always there, as you know – I am a bit shocked by this case. I can understand the Utah shooting DP last week. the guy chose his own method of execution and did not appear to have complained about his guilt….. even so, I would prefer to see imprisonment rather than death – but I don’t vote in Utah and democracy must be allowed to run whatever contrary views!
Tom Watson MP RT’d so, hopefully that will get it out a bit more than our modest efforts can do.
Would Texas be so quick to implement the death penality if Linda Carty was white?
Humanrightsdefender – I really don’t know. But I know a serious and highly professional Texan defense lawyer and serious blogger so I will ask him.
He may well read this post and answer that question.
Mark W Bennett
http://blog.bennettandbennett.com/
This post does worry; I work with a lot of US folks and have a great respect for their freedom laws but I cannot and will not ever agree with a death penalty. The problem with the death penalty is that one wrong decision costs a life, there is no margin for error.
I agree with your views on this matter, I do hope that the questions you put can be asked, I just hope that there is someone out there putting this into action now.
I would think that if Texas has breached the rules the case is flawed and the sentence cannot be carried out legally and should not be carried out at all. There is little debate in this regard if legal procedure has been broken the sentence must be set aside and a new trial scheduled. I also find it mystifying as to why this has not been done? Has no one challenged the legitimacy of the trial? Should Texas be in breach of the rules and or legal procedure and then carry out the sentence I can see a massive law suite and a serious major diplomatic incident, that is if our new Government has what it takes to stand up to the USA in this special relationship.
It seems to me that this case is a strong candidate for intervention at the highest level. David Cameron must act.
Here is a Save Linda Carty petition –
http://www.ipetitions.com/petition/savelindacarty/
Tghe fact that the line between politics and the judiciary in the US is both very feint and very disjointed leads to quite a few legal situations which could not, I feel, occur over here.
I am not at all up to speed on Texan law but would sincerely hope that all possible appeals at state level have been exhausted. Has she had the equivalent of a Rule 37 hearing (on competency of defence)? On what little I have seen it would seem that she did not have that. Plus, one of the first things her public defender should have done, was to have confimed that her home government had been informed. If, as it seems, we were not, then, ergo, ineffective defence is demonstrated.
Any avenues which could be considered through the Hague?
I am very involved in the outcome of a similarly discomforting case in the state of Arkansas against 3 teens for 1st degree murder. It is infamously kjnown as ‘The West Memphis Three’ case and there is a mine of information on line including all legal documents. trial transcripts etcetera. In this case both a Judge, DA & Prosecutor all made their ‘names’ and careers on the back of the convictions, along with the help of a mail-order degree holder on ‘satanic panic’ expert and police department leaks to the hungry media in a community desperate for answers and solutions. Links to all can be found at wm3.org Hope that is ok CharonQC?
Thank god for our laws of sub judice!
Miranda
Arkansas also believes in the death penalty but is not quite as blood thirsty as Texas.
are we concerned only because the defendant is classed as british? i’m sure we aren’t, but this ridiculous situation of the death penalty and its arbitrary nature has long been a scandal. if our relationship with the us was as special as has been claimed then we would have made representations. we are happy to whine about human rights abuses in ‘nasty’ states; let’s not shy away from it when the nasty states are on our side.
the stats on getting the death penalty if you are black or have some form of mental handicap (or worse, both) are indeed scary. phil ochs observed many years ago ‘when the black man stands accused the trial is always short’. nothing has changed. what i never understood is that echr has no problem with a death penalty per se. did we ever argue that? or is it just a bridge too far?
I entirely agree with all you have said in this post.
I would also go further and argue that it is the duty of the government to stand up for the rights of British citizens abroad. There should be a clear diplomatic protest over the failure to inform the British government of the case and thereby to deny consular assistance. [Remember the fuss Obama is making about “Deep Horizon” and his anti-British rhetoric]. Perhaps the new foreign policy which Hague announced – “stable but not slavish” relationship with US – could begin here.
I am also opposed to the death penalty in any circumstances and I am pleased that, within Council of Europe States, it is no longer lawful. Fundamentally, it does not work. If proof were needed of that statement then look at America itself. The USA ought to move away from judicial execution and, to be fair, many of the individual States have done so. Some of the southern States (notably Alabama and Texas) seem to be particularly wedded to it. In Texas, the present governor has only granted clemency to one “death row” prisoner. His predecessor (G.W. Bush) had an appaling record in this regard.
You may find this link, to the Texas Dept of Criminal Justice, interesting – it lists, by year and race, all executions in the State of Texas from 1982 to the present.
For reference, George W. Bush was Governor from Jan 1995 to Dec 2000 – 154 executions were carried out on his watch.
http://bit.ly/bgBK2H
Many thanks Pam – a most informative link.
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While the Racial Citizenship Conference 2012 is being planned please feel free to get familiar with the new and improved colour coded approved and extended
“RACE CODES”.
http://raceequalitysecretservice.blogspot.com/2010/11/racial-citizenship-conference-2012.html
This lady should be save as her conviction is not safe and as a british cizten she had the right to speak too our embassy shame on texas and the USA