The Supreme Court refused to review the case of a British woman condemned to die by lethal injection at Huntsville Prison. Linda Carty was sentenced to death for the capital murder of a young Texas mother whose baby she then kidnapped for her own.
The days leading up to Linda Carty's execution will include a move from the Mountain View unit at Gatesville Texas to the state prison at Huntsville where she will be held in a cell just outside of the death chamber until the day of her execution by lethal injection said Jason Clark of the Texas Department of Criminal Justice in an exclusive interview this morning with Digital Journal.
When she arrives at Huntsville the final countdown will officially begin. She will meet with the warden who will explain the execution process to Carty. She may ask questions said Clark.
She will also be explained the injection procedure as well as the cocktail mix that is used by the state when a person who is convicted for murder is subsequently executed by lethal injection said an officials from a Texas Execution Organization opposed to death penalty in the case of Linda Carty.
Linda Carty's transfer to Huntsville is a guarded secret and no information will be provided until she has arrived at the Huntsville prison. Clark said this was for security reasons that they do not provide information on the move between prisons in advance for any prisoner said Clark.
She will be there from a few hours to a few days and during this time she will be allowed to make phone calls within the United States but is not allowed visitors once her custody is turned over to the prison at Huntsville.
Carty will have ample opportunities to speak to and spend time with the Huntsville's prison chaplain before her execution. He will provide spiritual support, a means of confession as well as answer questions and tend to her needs including phone calls.
Texas Dept of Criminal Justice
The execution chamber at the Huntsville State Prison in Texas.
Clark said at 4pm on the day of execution she will served her last meal, a meal she will be allowed to select herself and will be provided to her by prison staff. She will also have a chance the day of execution to shower and change clothing says TexasExecution.org.
At 6pm sharp, Linda Carty will be led from the holding cell where she has spent her last hours leading up to her move into the death chamber. After the short walk, she will now be required to enter the execution room where she will be strapped to the table and prepared for the injection that will administered by IV.
Witnesses will be brought into the viewing area and Carty will be given a chance to make a final statement.
Linda Carty execution will then be carried out by the Huntsville Warden and staff said the spokesman for the TDCJ Jason Clark.
The United States Supreme Court has refused to review the case of a British citizen on death row in Texas for the killing of Joana Rodriguez, and abducting her 4-day-old son. The Justices rejected any appeal which leaves her fate in the hands of Governor Rick Perry.
Linda Carty came to the United States from the island of St. Kitts, one job she held in the US was as a teacher. She is the mother of one daughter and has two grandchildren. She was sentenced to death in 2001 for the murder of another young mother whose baby she was trying to abduct says the office of the Prosecuting Attorney for Harris County, TX
Monday the Supreme Court rejected Carty final appeal and now its up to the Judge who sentenced Carty to death for the murder of Rodriguez to set the date for her execution say George Flynn of the Harris County Prosecuting Attorney's office.
When asked about the UK effort to stop the execution and have a new trial set for Carty, Flynn said she has was charged with the murder, tried and convicted and received a fair trial.
She has been convicted of capital murder and has had numerous appeals at the state and federal level as well as multiple reviews and examination of her case and the trial by the State of Texas and they believe the sentence of death was fair and just. She has exhausted all legal options available to her at the time says Flynn.
Flynn is seeking information on the date of any appearances she will have before the judge and the projected date of her execution and will advise as soon as the information is available.
Prosecutors say Carty masterminded the abduction so she could masquerade as the child's mother in an effort to salvage her troubled relationship with her boyfriend. She was convicted of taking part in the May 2001 murder of Joana Rodriguez.
According to the trial record, Rodriguez and her 4-day-old son were abducted by men demanding drugs and cash. Two other people inside the home were beaten and tied up.
The young mother was bound with duct tape, a bag was taped over her head and she was placed in the trunk of a car. Police said Rodriguez died from suffocation, while her son survived.
Prosecutors convinced a jury that Carty had hired the three men to kidnap Rodriguez, so she could steal her baby because she was no longer able to get pregnant. Evidence was presented to show Carty tried to masquerade as a new mother in order to rebuild her relationship with a boyfriend.
The British human rights group Reprieve has argued that the case against Carty was full of inconsistencies. Reprieve also said she should have received assistance from the British consulate at the time of her arrest but did not.
Linda Carty, 52, has made a public plea to British citizens, asking them and human rights groups to intervene and win her clemency.
In that and other video statements and mini-documentaries Carty asserts her innocence, and questions the abilities of her court-appointed attorney who leads the state in number of death penalty cases lost, the fairness of her trial, and the verdict. She questions why Britain was never notified that one of their citizens was in custody and charged with capital murder.
The British Foreign Office has filed two amicus briefs in U.S. federal courts in Carty's case, which complain that Britain was not notified of her original arrest, said a Foreign Office spokesman who declined to be named, in line with policy. The Foreign Office remains in close touch with Carty and her legal representatives, their website states.
"We're continuing to provide her with consular assistance," he said. "We've also made the U.S. aware of our stance (against) the death penalty."
Reprieve, whose website claims "uses the law to enforce the human rights of prisoners, from death row to Guantánamo Bay", have not responded to email requests for more information on the Carty case.
Steve Hall of The StandDown Texas Project spoke with me this morning and said there are many disturbing problems with the Linda Carty case most of which centers around the fact that the British Consul was not made aware of the charges against Carty, clearly in violation of law.
Carty would have had a much better defense had she been afforded access to the British Foreign Office. Hall states that Texas Attorney General Greg Abbott has written a manual that the legal and justice system now refers to when they have a citizen of a foreign country in their custody that clearly states the legal requirement of consular notification.
When asked about the possibilities of Governor Rick Perry granting clemency, Hall said the Texas Department of Criminal Justice has a seven member Board of Pardons and Paroles, all appointed by Perry. They will review the case and will make recommendations to the Governor and can also consult with him on questions they may have while reviewing the case for clemency.
Hall of Standdown Texas says there are many appalling issues with the arrest, trial and conviction of Linda Carty and these need to be closely looked at by the Board of Prisons and Parole.
When asked about the death penalty and Texas, known for its speedy "Texecutions", Hall said that improvements are being made within the system. While they are trailing behind the rest of the country they are seeing changes in increments determined by partisan judges, all republican with a pro-prosecution, conservative approach to capital murder cases.
Hall said since 1983 there have been 454 executions in the State of Texas. He says currently there are 10 women on death row in Texas being held at the Mountain View Unit at Gatesville.
Whether clemency is granted or not the biggest problem Hall sees for Texas, Perry, is the Prison and Parole Board and the state department. It is the failure by the State of Texas to notify the UK consular of the capital murder charges against its citizen Linda Carty.
The clock is ticking for Carty now as she awaits word from the Board of Prisons and Parole, the office of the Governor and the British government. Until then she anxiously prepares for the day she will be moved to Huntsville State Prison to be executed by lethal injection for the murder of Joana Rodriguez that left a newborn baby boy without a mother.
A recent cable documentary says Carty's death certificate will read "death by homicide performed by lethal injection by order of the people of the State of Texas."