"So Carty, a former teacher and pharmacologist, was accused of a capital crime by four career criminals. But the defence she was afforded by the state of Texas was even more shocking. Jerry Guerinot, appointed to defend Carty, has landed 20 clients on death row, more than any other defender in America. He only met Carty for 15 minutes before the trial, and failed even to cross-examine prosecution witnesses. 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.”
EDITORIAL; THE TIMES; 3 JULY, 2010;
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BACKGROUND: Linda Carty, a British citizen, has spent eight years on death row in Texas. Her supporters claim that she is innocent. The U.S. Supreme Court has declined to hear her case.
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"As a metaphor for the special relationship, it is a devastating indictment of the way that America treats its closest ally," the Times editorial, published on July 3, 2010, begins, under the heading, "Britain must use every legal measure to save Linda Carty from execution in Texas."
"After the Supreme Court’s decision not to hear her case, Linda Carty, a British citizen who was born in St Kitts, remains on death row in Texas," the editorial continues.
"Her case is disturbing both in principle and in its particulars. Not only were there shocking holes in the prosecution case. But the US also reneged on a consular agreement that requires it to notify Britain if it takes legal action against a British citizen. Friends must sometimes agree to disagree — Britain forbids capital punishment, the United States supports it. But good friends must above all honour their word.
America has singly failed to keep its word in the Carty case. The Texan authorities made no attempt to discover Carty’s nationality when they arrested her, and the same lack of curiosity and responsibility afflicted the lawyer appointed to represent her. Hence Britain was precluded from involvement in the case until the death penalty had already been issued. The British Government seeks to defend any Briton who stands accused of a capital crime abroad. Other countries may kill their own citizens if they must; where possible we try to prevent them from killing ours. The Foreign and Commonwealth Office believes Carty’s fate would have been different had it known about her case earlier.
It is impossible to be certain of Carty’s innocence. But the original trial was clearly a disgrace. She was accused of a macabre conspiracy to rip an unborn baby from the womb of her neighbour. Her conviction rested on the testimony of her co-conspirators, described by the prosecution as “an armed robber, a dope dealer, a drive-by shooter and another armed robber”. They testified against Carty to avoid execution themselves. Carty had met only one of the three, and he was killed in a gangland murder before her trial.
So Carty, a former teacher and pharmacologist, was accused of a capital crime by four career criminals. But the defence she was afforded by the state of Texas was even more shocking. Jerry Guerinot, appointed to defend Carty, has landed 20 clients on death row, more than any other defender in America. He only met Carty for 15 minutes before the trial, and failed even to cross-examine prosecution witnesses. 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.” Britain has already filed several briefs detailing the flaws in the conviction, but to no avail. A successful appeal for clemency would be highly improbable — Rick Perry, the hardline Texas Governor, has issued only one such pardon in two terms.
One legal precedent does offer hope. In 2008, Mexico succeeded in persuading the International Court of Justice to strike down a 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. But if Britain follows Mexico’s example it might at least embarrass Texas into reconsidering clemency. David Cameron should urge President Obama to consider America’s responsibility to its allies. British soldiers in Afghanistan die every month serving the Anglo-American alliance. Friendship cuts both ways. The US owes Britain the obligations of trust — and Carty the right of justice."
The editorial can be found at:
http://freegregwright.typepad.com/on_guard/2010/07/britain-must-use-every-legal-measure-to-save-linda-carty-from-execution-in-texas.html
Harold Levy...hlevy15@gmail.com;
