Linda Carty


Linda Anita Carty is a United States and British citizen who is on death row in Texas. In February 2002, she was sentenced to death for the abduction and murder in 2001 of 25-year-old Joana Rodriguez in order to steal Rodriguez's newborn son. Carty claimed she was framed by her co-defendants who were drug dealers because she had previously been an informant in years past.
Carty has appealed her conviction, with her most recent petition to the United States Supreme Court for a writ of certiorari being denied by the Supreme Court on November 13, 2018.
She is the only British citizen on death row in the United States. If executed, Carty stands to become the first female British national to be put to death since Ruth Ellis in 1955, and the first British black woman executed in more than a century.

Early life and education

Born in St. Kitts to Anguillan parents, Carty holds British citizenship as St. Kitts was a British colony at the time of her birth. She emigrated to the United States in 1982 and is a citizen of the United States. Carty studied pharmacology at the University of Houston.

Drug informant

In 1992, Carty was convicted of auto theft and impersonation of an FBI agent. She was sentenced to 10 years probation, on the condition she would work as a drug informant. While working as an informant, she provided information leading to two arrests. Her services came to an end when she was arrested on drug charges.
However, in media interviews Carty has claimed that she was recruited by a friend from the Houston Police Department and that her work for the Drug Enforcement Administration helped land seizures of thousands of dollars' worth of narcotics and led to the imprisonment of scores of dealers.

The crime

According to the Texas Department of Criminal Justice:
On 16 May 2001, Carty and three co-defendants invaded the home of a 25 year old female. The victim and her three-day-old baby were kidnapped and two other victims were beaten, duct taped, and left in the residence. The 25 year old female was hog-tied with duct tape, a bag was taped over her head, and she was placed in the trunk of a car. This victim died from suffocation.

Investigation

Investigators initially suspected Carty after they discovered that she had told people she was going to have a baby despite not appearing pregnant. While interviewing neighbors in the apartment complex, police heard from one neighbor that she sat with Carty in a car, saw a child's car seat in the car, and was told by Carty that she was pregnant; this was remarkable to the witness because Carty did not appear pregnant. Police then telephoned Carty and asked her to meet with them. She told them that a car she had rented and her daughter's car may have been used in the crime. She was placed under arrest. Then she directed them to a location where both cars were found: the live baby was in one, and the suffocated victim was in the back of the other. Carty's fingerprints were in both cars. They found various items of baby paraphernalia.

Trial

The following evidence was presented during the trial:
Carty was convicted of murder on February 19, 2002. On February 21, she was sentenced to death by lethal injection.
The imposition of a death sentence in Texas results in an automatic direct appeal to the Texas Court of Criminal Appeals. This appeal was rejected on April 7, 2004. Carty then appealed to the Fifth Circuit Court of Appeals. This appeal was rejected on September 19, 2009. On 26 February 2010, Carty appealed to the U.S. Supreme Court, in which the British government filed an amicus curiae brief. However, on May 3, 2010, the Court refused to review the case, denying certiorari. The Texas Board of Pardons and Paroles has the option to recommend clemency to the Governor of Texas. However, such recommendations are rare.
The case is currently before the Supreme Court again and the United Kingdom government has filed an amicus brief in her support.

Defense claims

Carty, her lawyers and her supporters contend that she has been unjustly sentenced to death for a murder that she did not commit. Reprieve claims that her defence attorney did not present mitigating evidence. They assert that no scientific evidence exists that establishes that she was at the scene of the crime, although her fingerprints were found in the car containing the victim's body. Carty has claimed that she was framed by three men for her work as an informant with the Drug Enforcement Administration. Carty stated that "it was too difficult just to kill me, so they hatched this plot." "Anderson, Robinson, and Williams, the other co-defendants in the kidnapping and murder, were given prison terms but none received the death penalty after testifying against Carty. Baker Botts, the law firm handling Carty's appeal, have argued that her trial attorney, Jerry Guerinot, handled her defense in an incompetent manner. Michael Goldberg of Baker Botts accuses Guerinot, who never won a death penalty case over his entire career, of failing to call any witnesses who might have persuaded the jury that she did not deserve execution. In addition, they assert that Guerinot met with Carty for only a single 15 minute interview. This has been disputed by Guerinot's co-counsel. Carty also claims that on one occasion she was interviewed without counsel being present.

US breach of international law

Under the terms of the Bilateral Convention on Consular Officers between the United States and the United Kingdom, the United Kingdom's consular officials were entitled to be informed immediately upon her detention. The authorities in Texas failed to inform the British Consulate until after Carty's conviction and sentencing. In an interview for a documentary broadcast by the UK's Channel 4, The British Woman on Death Row, the United Kingdom's Consul General in Houston at the time, Paul Lynch, stated that this breach:
made a material difference to the outcome of this case. If we had been allowed, and given the opportunity to support Linda Carty, if she had been given all the support to which she was entitled and which she deserved... something entirely different, I believe, would have happened at that trial and Linda Carty would not now be facing a death penalty.

The United Kingdom contends in its amicus curiae brief in the US Supreme Court that it regards the US as having breached its obligations under international law. However, the United Kingdom lacks any legal forum in which to obtain redress for this breach.

Additional information

Carty's case received media attention in September 2009 when her image was placed on the fourth plinth in Trafalgar Square by her British supporters.
Carty is presently being held at the Mountain View Unit of the Texas Department of Criminal Justice; the unit contains the state's female death row.
In 2012, she appeared on a segment of Werner Herzog's series On Death Row, broadcast on Discovery Channel's Investigation Discovery. And in November 2013, Carty's story was profiled on Investigation Discovery's documentary series Deadly Women, in an episode titled "Untamed Evil."
On June 19, 2016 Sky network aired a one-hour programme about her case on CBS Reality, the programme is called The British Woman on Death Row.