Statement from Reprieve

Lawyers fighting to save Linda Carty's's life will make a last-ditch attempt to persuade judges in New Orleans' Fifth Circuit Court of Appeals that her conviction is dangerously unreliable, in a hearing at 11am local time on Thursday 3rd September.

Linda was convicted following a catastrophically flawed trial in Texas, showing how the US legal system can fail poor people facing the death penalty.

Despite the overwhelming failures of Linda’s legal-aid trial lawyer, the court has denied a certificate of appealability (COA) for most of Linda’s claims on her lack of effective representation. The court refuses to consider key evidence showing that Linda's notoriously incompetent defence lawyer Jerry Guerinot:

Failed to spot obvious flaws and inconsistencies in the prosecution case;
Failed to interview witnesses;
Failed to present evidence on her lack of future dangerousness; and
Failed to inform Linda of her right to consular assistance.
Shockingly, the court holds that these errors should not even be heard.

The court also refused to hear Linda's argument that her right to consular assistance was violated by the state of Texas. Last year Texas executed Mexican national Jose Medellin despite an order by the International Court of Justice staying his execution on the grounds that the US had violated its international obligations by failing to notify him of his right to consular assistance.

The Court will only hear arguments on two points; the failure to notify Linda’s common law husband of his right to spousal privilege and the failure to produce mitigation evidence during the punishment phase.

Reprieve’s Director Clive Stafford Smith said: “It makes no sense that the Court has refused to hear most of the arguments in this case. Linda’s legal representation at trial was appalling and she would not be on death row today if she had received an adequate defence. The rules that courts use to deny justice in capital cases are simply bizarre -- only last week Justice Scalia reiterated that someone who is innocent can be executed so long as she had a 'fair' trial. Linda is dangerously close to the execution chamber, and the British government needs to do everything in their power to save Linda's life.”

If Linda is unsuccessful in the Fifth Circuit, the last court to which she can turn is the US Supreme Court, which only agrees to hear a small number of cases each year. Linda’s life will then be in the hands of the Governor of Texas. Since he succeeded George Bush as Governor nine years ago, Rick Perry has only granted clemency to one death row inmate; Kenneth Foster in 2007.