Today the Fifth Circuit heard a last-ditch appeal by Linda Carty, a British grandmother who is currently in on death row in Texas after being convicted of murder and sentenced to death by lethal injection on the basis of a catastrophically flawed trial.
Linda was represented pro bono by Michael Goldberg at Baker Botts and you can listen to the arguments from the hearing here.
The defence argued that Linda's trial lawyer, Jerry Guerinot, failed to provide her with effective assistance, denying her access to a fair trial at the guilt/innocence stage. This includes failing to interview witnesses and failing to travel to St Kitt's for further investigation, despite informing the court of his intention to do so.
Most significantly, Guerinot was aware that she was in a relationship with Jose Corona and indeed the prosecution had referred to her on numerous occasions as his common law wife. Yet Guerinot did not even interview Jose, who testified only for the prosecution. Common law spouses are eligible to immunity from testifying, but Jose was not made aware of this.
The defence also argued that Guerinot neglected to present evidence of Linda's mental state and general disposition. Such evidence is a mitigating factor which may have assisted her in the sentencing phase of the trial.
Guerinot failed to interview potential witnesses that could have attested to Linda's character, including friends, relatives and political officials. As a result, the jury was left with the impression that Linda had no friends who could act as witnesses as to her character and standing in the community. Mr Goldberg described this conduct of the matter by the trial lawyer as "outrageous."
This is an unfortunate reality for many people facing the death penalty.
This is an unfortunate reality for many people facing the death penalty.
This is an unfortunate reality for many people facing the death penalty.
The court is now in recess until the judges make their decision; the UK government has filed a brief to the court in support of Linda.
Write a letter of support to Linda at: Mountainview Unit, 2305 Ransom Rd, Gatesville, Texas 76528, USA. Letters must include a return address.
Lizzie O'Shea