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Richard
Michael CARTWRIGHT
Classification: Murderer
Characteristics:
Robbery
Number of victims: 1
Date of murder: August 1, 1996
Date
of arrest:
August 1996
Date of birth:
February 11, 1964
Victim profile: Nick Moraida
(gay man, 37)
Method of murder:
Shooting (.38 caliber pistol)
Location: Nueces County, Texas, USA
Status:
Executed
by lethal injection in Texas on May 19, 2005
Richard Cartwright, Dennis Hagood and Kelly Overstreet hatched a
plan to rob a gay man by posing as male prostitutes.
They thought such a victim would be an easy target because he would
be less apt to report the robbery to police. They met 37 year old
Nick Moraida after he pulled up in a small black sports car.
The
trio invited Moraida to go drinking with them at a remote gulfside
park.
When they reached the secluded area, Cartwright pulled out a gun and
said, “This is a robbery. Put your hands on the cement [wall].” At
the same time, Overstreet held a knife to Moraida’s neck.
Their plan turned deadly when Moraida refused to give up and tried
to flee. One of the men tried to stab Moraida but could not kill him.
Cartwright then shot him in the back with a .38 caliber pistol.
Hagood was convicted and sentenced to 20 years imprisonment.
Overstreet was convicted and sentenced to 50 years imprisonment.
Both testified against Cartwright.
Citations:
Cartwright v. Dretke, 103 Fed.Appx. 545 (5th Cir. 2004)
(Habeas)
Final Meal:
Fried chicken, a cheeseburger, onion rings, french fries, bacon,
sausage, cheesecake and cinnamon rolls.
Final Words:
"I want to apologize to the victim's family for any pain and
suffering I caused them." He then he urged his fellow death row
inmates to "just keep your heads up and stay strong."
ClarkProsecutor.org
Texas Attorney General
MEDIA ADVISORY
Friday, May 13, 2005
Richard Cartwright Scheduled For Execution
AUSTIN – Texas Attorney General Greg Abbott
offers the following information about Richard Cartwright, who is
scheduled to be executed after 6 p.m. Thursday, May 19, 2005. In
1997, Cartwright was convicted and sentenced to death for the
capital murder of Nick Moraida in Corpus Christi. A summary of the
evidence follows:
FACTS OF THE CRIME
On August 1, 1996, Richard Cartwright and two
male accomplices met Nick Moraida after he pulled up in a small
black sports car. The trio invited Moraida to go drinking with them
at seaside park. After Moraida, agreed, they drove to a secluded
fishing area off a cul-de-sac on Ocean Way.
Once parked in the cul-de-sac, the four men went
down a hill to the seawall area, and Cartwright pulled out a gun and
said, “This is a robbery. Put your hands on the cement [wall].” At
the same time, one of the accomplices held a knife to Moraida’s neck.
Cartwright and his accomplices took Moraida’s watch, keys, wallet
and an envelope containing cash, then an accomplice cut Moraida’s
throat and Cartwright shot the victim.
Moraida’s body was discovered the next day by a
man and his grandson when they went to the seawall area to go
fishing.
PROCEDURAL HISTORY
In 1997, Cartwright was convicted of capital
murder and sentenced to death. The Texas Court of Criminal Appeals
affirmed Cartwright's conviction and sentence. Cartwright’s petition
for writ of certiorari was denied by the U.S. Supreme Court in Nov.
1999. Cartwright filed a petition for state writ of habeas corpus in
July 1998. The Court of Criminal Appeals denied his petition.
Cartwright filed a petition for writ of habeas
corpus in federal district court in Sept. 2002, and in July 2003,
the district court denied Cartwright’s petition for federal habeas
relief.
Cartwright later filed an application for a
certificate of appealability (“COA Brief”) in the 5th U.S. Circuit
Court of Appeals, which denied the application. The U.S. Supreme
Court denied Cartwright’s petition for certiorari review on January
24, 2005.
PRIOR CRIMINAL HISTORY
Cartwright was sentenced to two-years probation
for the felony offense of unlawful possession of a controlled
substance in Feb. 1990 in Cook County.
ProDeathPenalty.com
Richard Cartwright was sentenced to death in the
August, 1996 robbery and murder of 34-year-old Nick Moraida in
Corpus Christi, Texas. Cartwright and two co-defendants lured
Moraida to a remote gulfside park and robbed him of his wallet,
watch and money.
Co-defendant Kelly Overstreet then cut Moraida's
throat and Cartwright shot him in the back with a 38 caliber pistol.
Moraida's body washed up on the beach in Corpus Christi the
following day. The robbery netted the three accomplices between $60
and $200 - money they all use to buy drugs. Kelly Overstreet was
sentenced to 50 years in prison. Dennis Hagood received a twenty
year sentence.
UPDATE: Convicted killer Richard Cartwright's
execution is now less than a week away. Cartwright was given the
death penalty for the 1996 murder of Nick Moraida, whose family said
they're ready for Cartwight's execution. She says every time they
get a letter about another appeal or another hearing, it's like
reliving the murder all over again. The family is ready to have some
closure, and they believe next Thursday will help.
Above all, Angela Moraida remembers her brother
Nick as a good father. "He would make all the holidays special...decorate
it together," Moraida said. She said it wasn't just the loss of Nick
that hurt, but the way he was taken. "They robbed him, and one guy
slit his throat, and the other guy shot him, and left him just to
die there in the bay."
Richard Cartwright has taken his case to the
Internet, claiming police charged the wrong man with murder. Private
investigator Tina Church, who has taken up Cartwright's case said, "Kelly
Overstreet is the person who slit this young man's throat, and he
places the gun in Rich Cartwright's hands. Rich has never...Rich has
always maintained his innocence."
Cartwright's mother in Chicago shares the same
beliefs, but at the same time is preparing for his execution. "You
know, we're prepared for the worst outcome because you just never
know with the state of Texas, because there's so much that they will
not hear at this point in the case," said Irene Rekitzke. For Angela,
this is a chance to finally move on, feeling certain the right man
will be punished. On a more positive note, Angela Moraida said the
loss of her brother truly has brought the rest of the family
together. They'll all watch one of Nick's children graduate in a few
weeks.
Two other men were convicted in the robbery and
murder. Dennis Haygood was sentenced to 20 years in prison and Kelly
Overstreet was sentenced to 50 years.
Texas Execution Information
Center by David Carson
Txexecutions.org
Richard Michael Cartwright, 31, was executed by
lethal injection on 19 May 2005 in Huntsville, Texas for the robbery
and murder of a 37-year-old man.
On 1 August 1986, Cartwright, then 22, was out
with two friends - Dennis Hagood, 19, and Kelly Overstreet, 18 - in
Corpus Christi. When Nick Moraida pulled up in a black sports car,
the trio, posing as homosexuals, invited him to go drinking with
them at a seaside park. Moraida agreed, and the four drove off
together. They parked in a cul-de-sac and walked down a hill to the
seawall. The men then robbed Moraida of his wallet, keys, watch, and
an envelope containing cash.
Moraida's body was discovered near the
seawall the next day by fishers. His neck was cut, and he had been
shot in the back with a .38-caliber pistol. At Cartwright's trial,
the medical examiner testified that the knife wounds were not fatal,
and that the gunshot wound was the cause of death.
Overstreet and Hagood testified against
Cartwright and claimed he was responsible for Moraida's death.
According to their testimony, when they had Moraida by the concrete
seawall, Cartwright pulled out a pistol and told him, "This is a
robbery. Put your hands on the cement." Overstreet then held a knife
to the victim's neck. They robbed him, then Overstreet then cut
Moraida's throat, and Cartwright shot him in the back.
Cartwright had a prior felony conviction for
unlawful possession of a controlled substance. He was sentenced to
two years' probation in February 1990.
A jury convicted Cartwright of capital murder in
1997 and sentenced him to death. The Texas Court of Criminal Appeals
affirmed the conviction and sentence in May 1999. All of his
subsequent appeals in state and federal court were denied.
Kelly Overstreet and Dennis Hagood were sentenced
to 50 and 20 years in prison, respectively.
On death row, Cartwright declined to be interview
by reporters, preferring instead to write letters to anti-death-penalty
organizations, who posted his letters on their web sites. "I did not
commit the crime for which I was convicted and sentenced to death,"
he stated. His claim of innocence, however, revolved around his
responsibility for the murder, not his involvement in it. Cartwright
blamed Overstreet for the murder, without elaboration.
To support Cartwright's claim that Overstreet was
responsible for the murder, the web sites linked to a handwritten
letter Overstreet wrote his girlfriend while in jail awaiting trial.
In the letter, he wrote, "I sometimes do things I don't really mean
to do, I usually do these things when I am high. I have always hated
faggots but I didn't mean to kill the little 'queen.' I was pretty
high that night, and I guess my rage overcame my ass. I guess that
is what being a skinhead is all about."
In a recent written statement to Cartwright's
lawyers, Overstreet stated, "I intentionally made Cartwright out to
be the bad guy out of spite when in fact I am the one who was at the
forefront of all events." Cartwright's lawyers tried to have his
execution stayed, claiming that he was convicted on false testimony.
Though they did not deny that Cartwright shot the victim, they
claimed that he was under duress, following Overstreet's orders
because he was afraid of him. The U.S. Supreme Court rejected
Cartwright's appeal late in the afternoon of his execution.
Attorneys for the state said that Overstreet's
statements were unreliable and did "nothing to establish actual
innocence" or undermine Cartwright's culpability.
"I want to apologize to the victim's family for
any pain and suffering I caused them," Cartwright said in his last
statement. He also encouraged his fellow death row inmates to "just
keep your heads up and stay strong." The lethal injection was then
started. He was pronounced dead at 6:16 p.m.
National Coalition to Abolish
the Death Penalty
Richard Cartwright - TEXAS - May 19, 2005 6:00
p.m. CST
Richard Cartwright, a white man, is scheduled to
be executed by the state of Texas on May 19, 2005 for the Aug. 1996
murder of 34 year-old Nick Moriada a Latino man in Nueces County
Prosecutors allege that on the night of Aug. 1,
1996, longtime friends, Kelly Overstreet and Dennis Haygood, and
their recent acquaintance, Cartwright, robbed Moriada. The men
robbed Moriada, a gay man, by pretending to be homosexual. Following
the robbery, it is claimed that Overstreet stabbed Moriada in the
neck and back and then Cartwright shot him. A state medical examiner
contended that Moriada’s death was caused by the gunshot wound.
Cartwright was charged with capital murder for
Moriada’s death. The State’s case against Cartwright relied heavily
on the testimony of his co-defendants and circumstantial evidence.
Nevertheless, he was found guilty and sentenced to death. Lesser
charges in connection with the robbery and murder of Moriada.were
brought against Overstreet and Haygood. They were convicted and
received sentences of 50 year and 20 years, respectively. Their
lesser charges and relatively light sentences were, in large part,
due to their willingness to turn state’s evidence against Cartwright.
Since arrest, Cartwright has continuously
maintained his innocence. He contends that Overstreet and Haygood
are responsible for Moriada’s death. At trial, evidence was
presented that indicated that the gun used in the commission of the
robbery and murder of Moriada belonged to either Overstreet or
Haygood.
A medical examiner testified that when multiple people are
involved in a crime in which gunfire occurs, it is typically the
owner of the gun that does the shooting. Additionally, the medical
examiner stated that he believed that Moriada was attacked by two
individuals. In his opinion, the strong familiarity that Overstreet
and Haygood possessed with one another made them the most likely
assailants—not Cartwright, who they had met only one week prior.
Cartwright has a strong innocence claim. Please
write Gov. Rick Perry and demand that this execution be halted.
Convicted killer in Corpus Christi executed
Dallas Morning News
Thursday, May 19, 2005
HUNTSVILLE – A former mechanic from Chicago was
executed Thursday for the robbery and fatal shooting of a Corpus
Christi man.
In a brief final statement, Richard Cartwright
thanked his friends and family for their support. "I want to
apologize to the victim's family for any pain and suffering I caused
them," he said. Then he urged his fellow death row inmates to "just
keep your heads up and stay strong."
In the appeal to the
Supreme Court, Cartwright's attorneys argued that jurors relied on
inaccurate information at the trial. And while not denying
Cartwright fired the shots that killed Moraida, 37, the appeal said
Cartwright participated in the robbery-slaying under duress because
he feared retaliation from Overstreet, who had a reputation for
violence. "At most he merely followed orders from a violent person
whom he was afraid of and who had already threatened him," the
appeal said.
State attorneys argued it was "incredible" that
Cartwright, armed with a gun, felt threatened by Overstreet, who had
a knife. They also said Overstreet's new statements, which they
called "inherently unreliable," did "nothing to establish actual
innocence" or undermine Cartwright's culpability. "No credible
explanation has been given as to why Overstreet waited eight years
to come forward with his testimony," the Texas attorney general's
office said in its response to the high court.
"I am just another statistic in the dubious title
held by the State of Texas – death penalty capital of the world,"
Cartwright, who declined to speak with reporters, wrote on an anti-death
penalty Web site. "There are many reasons that this is wrong, not
the least of which is that I did not commit the crime for which I
was convicted and sentenced to death."
Mark Skurka, the trial prosecutor, said
Cartwright "was a mean guy, a hard guy." Cartwright previously had a
two-year jail term in Illinois for a drug conviction.
Just before his trial, Cartwright wrote letters
from jail to his partners urging them to all agree on a single story.
The letters were intercepted by authorities. "They were very
incriminating," Skurka said. "That helped hang him. We had the co-defendants,
the accomplices, and we had to have corroborating testimony, and he
provided it."
Cartwright apologizes, then is put to death;
Victim's sister says execution is a relief
By By Neal Falgoust -
Corpus Christi Caller-Times
May 20, 2005
HUNTSVILLE - A remorseful Richard Cartwright died
Thursday in the Texas death chamber for what he thought would be an
easy robbery of a gay man.
Cartwright, 31, a Chicago native, apologized to
his victim's family before a lethal combination of chemicals began
flowing into his arm. He was pronounced dead eight minutes later, at
6:16 p.m. He delivered a brief final statement, saying, "I just want
to thank all my friends and family who gave me support these past
eight years. I want to apologize to the victim's family for any pain
and suffering I caused." He also told his fellow inmates to "keep
your heads up and stay strong."
Cartwright was condemned for the 1996 shooting
death of 37-year-old Nick Moraida, who fell prey to a robbery plot
by Cartwright and two other men.
Moraida's sister, Angela Moraida of Corpus
Christi, said last week she already had forgiven Cartwright. She
said his death will bring relief to the family. "At least we know
he's never going to hurt anybody else," she said by telephone after
the execution. She and her family did not attend.
Cartwright becomes the state's 344th inmate put
to death by lethal injection, the eighth this year. He also is the
second person to die for a Nueces County killing this year. Troy
Kunkle died Jan. 25 for the 1984 abduction and fatal shooting of
Corpus Christi resident Steven Wayne Horton.
Cartwright's mother, Irene Rekitzke, watched and
wept as her son mouthed, "I love you," let out two gasps and died
with his right eye open. "I'm so proud of you," she said. "A mother
could not be so proud of a son. I love you so much. They didn't know
they killed a good man, an excellent man."
After a doctor pronounced Cartwright dead,
Rekitzke said, "Thank you, God, for taking him away from all this.
Thy will be done." Rekitzke, Cartwright's sister and three of his
friends also witnessed the execution.
Byron Hays, a spokesman for the Texas Department
of Criminal Justice, said Cartwright appeared serene and "in good
humor" Friday as he finished writing his final letters to family and
friends.
Moraida was stabbed and shot to death Aug. 1,
1996, after Cartwright and two other men lured him to a remote
landing near Ocean Way, a cul-de-sac off Ocean Drive. The three men
had met earlier in the day and hatched a plan to rob a gay man by
posing as male prostitutes. They thought such a victim would be an
easy target because he would be less apt to report the robbery to
police for fear of being outed.
Their plan turned deadly when Moraida refused to
give up and tried to flee. One of the men tried to stab Moraida but
could not kill him. Cartwright shot him in the back with a .38
caliber pistol. The men got away with about $180 in cash, a watch
and car keys. A fisherman and his grandson found Moraida's body the
next morning.
Kelly Overstreet and Dennis Hagood pleaded guilty
in return for trial testimony against Cartwright. Overstreet, now
27, was sentenced to 50 years in prison on a murder charge for
stabbing Moraida. Hagood, now 28, was sentenced to 20 years for
robbery.
In a round of last-minute appeals, Cartwright's
lawyers argued he shot Moraida under pressure from one of his
companions and jurors who assessed Cartwright's death sentence were
not aware of that duress. They also asked Gov. Rick Perry to grant a
temporary reprieve after Overstreet said his trial testimony against
Cartwright was false.
Cartwright was offered a plea deal of 40 years in
prison, but he turned it down, saying at the time that he would
rather die than spend his life in prison. A final appeal to the U.S.
Supreme Court was denied Friday evening and the execution was
allowed to proceed at 5:40 p.m.
Execution is set for bayfront slaying; Trio
ensnared man in robbery, death
By Neal Falgoust -
Corpus Christi Caller-Times
May 15, 2005
Nine years have passed since Angela Moraida
learned of her brother's death at the hands of two men who slashed
his throat and shot him in the back. Though the years have passed,
the agony she felt then still comes to life with each letter telling
her that the killers have made a new plea for mercy. She hopes that
agony - or some part of it - ends this week.
Richard Cartwright, 31, faces execution Thursday
for the August 1996 killing of 37-year-old Nick Moraida. Cartwright
and two other men lured Moraida to a remote landing on the bayfront,
where they robbed him and used his money to buy drugs. Cartwright
delivered the fatal shot after another man slashed Moraida's throat.
Cartwright was the only one of the three to be sentenced to death.
If his execution and another scheduled for
Wednesday both proceed, Cartwright will become the 344th Texas
inmate to die by lethal injection. His will be the eighth execution
this year - the second this year for a Nueces County case. Troy
Kunkle died Jan. 25 for the 1984 abduction and fatal shooting of
Corpus Christi resident Steven Wayne Horton. Cartwright has made a
final appeal for executive clemency, a move opposed by the Nueces
County district attorney's office and Moraida's family.
"Richard Cartwright was sentenced to death . . .
and that decision should stand," First Assistant District Attorney
Mark Skurka wrote in a letter to the state's Board of Pardons and
Paroles. In her protest, Angela Moraida wrote: "Cartwright went
through the legal system and the judicial system decided to uphold
the decision that he is guilty and should be put to death."
Cartwright declined a request to be interviewed
by the Caller-Times, but his mother, Irene Rekitzke, remains hopeful
that her son's appeal will be granted. She says he is innocent and
has been the victim of a justice system run amok. "He's still
fighting very hard to get people to understand that he did not
commit this murder," she said. "He just believes the truth will come
out."
The main contention for Cartwright and his family
is that two co-defendants testified against him after reaching a
plea agreement with prosecutors. Rekitzke said there was no physical
evidence tying her son to the crime, and now he is going to die on
the word of two men who were trying to save their own lives. "There's
just so much that fell through the cracks," she said.
Cartwright, Kelly Overstreet and Dannis Hagood
met on Aug. 1, 1996, and hatched a plan to seduce and rob a gay man
on the bayfront. They thought such a victim would be an easy target
because he would not report the crime for fear of being outed. "We
were going to stand out there and act like a male prostitute,"
Hagood told jurors during Cartwright's trial. The men approached
Moraida at the downtown barge dock, near what is now the American
Bank Center. Hagood said they found Moraida driving north along
Shoreline Boulevard. "He winked at me," Hagood said. "We asked him
if he wanted to go to a park and drink."
Moraida gave Hagood a ride in his black sports
car as Cartwright and Overstreet followed them to Ocean Way, a cul-de-sac
off Ocean Drive, where they parked their cars and descended the
bluff to a landing hidden from the road above. Cartwright borrowed
Overstreet's .38-caliber revolver and held Moraida at gunpoint while
the three of them took Moraida's valuables - about $180 in cash, a
watch and car keys. Hagood dashed back up the bluff to unlock
Moraida's car, while Overstreet stabbed Moraida and slashed his
throat. When Overstreet failed to kill Moraida, Cartwright shot him
twice.
Dr. Lloyd White, the Nueces County medical
examiner at the time, said the bullets fired by Cartwright killed
Moraida after striking a lung, his heart and a large blood vessel
that carries blood away from the heart. A fisherman and his grandson
found Moraida's body the next day.
Overstreet and Hagood, pleaded guilty in return
for their testimony against Cartwright. Overstreet, now 27, was
sentenced to 50 years in prison on a murder charge for stabbing
Moraida. Hagood, now 28, was sentenced to 20 years for robbery.
Cartwright also was offered a plea deal that included 40 years in
prison, but he turned it down. His defense attorney, Mark Woerner,
said Cartwright rejected the deal because he "would prefer death
over 40 years" in prison.
Several letters in the case raised questions
about Cartwright's guilt. In one, Overstreet seemingly admitted to
the slaying, saying that he was high and lost control of himself. "I
sometimes do things I don't really mean to do," he wrote from the
Nueces County Jail to a woman in Corpus Christi. "I usually do these
things when I am high. I have always hated faggets (sic) but I
didn't mean to kill the little 'queen.' I was pretty high that night
and I guess my rage overcame my ass. I guess that's what being a 'skinhead'
is all about."
Woerner introduced the letter as proof of
Cartwright's innocence, but prosecutors introduced other letters
passed between Cartwright and Hagood in the Nueces County Jail.
Those letters indicated that the two men were attempting to conspire
on their testimony. Cartwright wrote to Hagood: "My statement was
vague and doesn't put the gun in your hand. Your statement don't
hurt me because you saw nothing."
Woerner now believes those letters sealed
Cartwright's fate. Woerner said he told Cartwright at the time not
to talk to the other defendants in the case, but he said Cartwright
evidently took that advice to mean that writing them was all right.
Woerner said he learned of the letters during jury selection. "I was
just flabbergasted," he said. "The statement indicated to the jury
pretty strongly that he was involved in the murder. Without the
letters, I think he probably would not have been convicted."
Skurka, who tried the case, said he was concerned
that the only eyewitness was a participant in the crime and his
testimony might have been discounted by the jury because he had
reached an agreement with prosecutors. Cartwright's letters helped
abate that concern. "I didn't have a priest walking by seeing them
kill him," Skurka said. "Even if you didn't believe the co-defendant,
the guy in his own handwriting says he was there."
Skurka said it was clear from the beginning that
Cartwright was the leader of the pack and had taken the gun from the
younger men because he didn't think they would be able to pull the
trigger if it came to that. He also said prosecutors did not pursue
a hate crimes charge because they already were trying the highest
charge possible, capital murder.
Dr. Burk Strong, foreman of the jury that
convicted and sentenced Cartwright to death, said he has no doubt of
Cartwright's guilt. He said the entire case, not just the testimony
of the co-defendants or the letters, pointed to guilt. "The evidence
was quite strong," he said. "I think it was a just sentence. It was
a stone-cold murder."
Should Cartwright's execution proceed on Thursday,
Moraida's family will not be there to see it. Cartwright's mother
along with several friends and family members do plan to attend.
Angela Moraida said her family is busy focusing
on happier things, like the graduation of Nick's daughter from high
school. "I have no desire to see anybody die, especially him," she
said. "This guy is just horrible. He's like the devil himself."
Cartwright Timeline
Aug. 1, 1996 - Nick Moraida killed during robbery
on the bayfront.
March 1997 - Richard Cartwright convicted of
capital murder and sentenced to death.
July 1998 - Cartwright files a petition for state
writ of habeas corpus. Court of Criminal Appeals denies his petition.
May 1999 - Court of Criminal Appeals affirmed
Cartwright’s conviction and sentence.
November 1999 - The U.S. Supreme Court refuses to
hear Cartwright’s appeal.
September 2002 - Cartwright files a petition for
writ of habeas corpus in federal district court
July 2003 - Federal district court denies
Cartwright’s petition for federal habeas relief.
January 2005 - U.S. Supreme Court refuses to review
Cartwright’s case.
Chicago man executed for city park murder
ReutersNews.com
Thu May 19, 2005
HUNTSVILLE, Texas (Reuters) - Texas executed a
Chicago man by lethal injection on Thursday for murdering a man
after inviting him to share a beer in a city park.
Richard Cartwright, 31, was condemned for robbing
and shooting Nick Moraida, 37, in the Gulf Coast city of Corpus
Christi, Texas on Aug. 1, 1996. Cartwright and two accomplices asked
Moraida to drink beer with them in a park, where they attempted to
rob him. When Moraida tried to flee, Cartwright shot him in the back
and the three men threw the body into the Gulf of Mexico.
Cartwright's accomplices identified him as the person who fired the
shot.
In a last statement while strapped to a gurney in
the death chamber, Cartwright said: "I want to apologize to the
victim's family for the pain I caused them. And to everyone at the (prison),
just keep your heads up and stay strong."
For his final meal, he requested fried chicken, a
cheeseburger, onion rings, french fries, bacon, sausage, cheesecake
and cinnamon rolls.
Texas has four additional executions scheduled for 2005.
Cartwright set to see death chamber today;
victim's family won't attend
By Neal Falgoust -
Corpus Christi Caller-Times
May 19, 2005
Richard Cartwright is scheduled to enter the
state's death chamber today for the 1996 shooting death of Nick
Moraida.
If the execution proceeds, Cartwright, 31, will
be put to death by lethal injection after 6 p.m. He will be the
344th Texas inmate to die by lethal injection - the second this year
from Nueces County. Troy Kunkle was put to death Jan. 25 for the
1984 abduction and fatal shooting of Corpus Christi resident Steven
Wayne Horton.
Cartwright's mother, Irene Rekitzke, and several
friends are expected to witness his death. Moraida's family will not
attend.
Moraida, 37, was stabbed and shot to death Aug.
1, 1996, after Cartwright and two other accomplices lured him to a
remote landing near Ocean Way, a cul-de-sac off Ocean Drive. The
three men had met earlier in the day and hatched a plan to rob a gay
man by posing as male prostitutes. They thought such a victim would
be an easy target because he would be less apt to report a robbery
for fear of being outed.
Their plan turned deadly when Moraida
attempted to flee. One of the men tried to stab Moraida, but did not
kill him. Cartwright shot him in the back. The men got away with
about $180 in cash, a watch and car keys. A fisherman and his
grandson found Moraida's body the next morning.
Kelly Overstreet and Dennis Hagood pleaded guilty
in return for their testimony against Cartwright. Overstreet, now
27, was sentenced to 50 years in prison on a murder charge for
stabbing Moraida. Hagood, now 28, was sentenced to 20 years for
robbery. Cartwright also was offered a plea deal that included 40
years in prison but turned it down.
Overstreet admitted to participating in the
scheme in a letter he sent from the Nueces County Jail to a woman in
Corpus Christi. Cartwright's defense attorney used the letter to
argue his innocence but was hindered by a note Cartwright wrote and
passed to Hagood in jail indicating the two men were conspiring on
their testimony. Attorneys on both sides believe that letter played
a significant role in Cartwright's conviction.
Inmate executed for 1996 shooting death
Huntsville Item
May 20, 2005
Richard Cartwright asked forgiveness from an
absent family before sputtering out his last breath Thursday night
at the Huntsville "Walls" Unit. He was executed for the 1996 slaying
of a Corpus Christi man. "I want to apologize to the victim's family
for any pain and suffering I caused them," he said. Then he urged
his fellow death row inmates to "just keep your heads up and stay
strong."
His mother, a sister and three friends were among
the witnesses, some of them crying after he sputtered and gasped a
couple of times. "They killed a good man, an excellent man," his
mother, Irene Rekitzke, said after he was pronounced dead at 6:16
p.m. "Thank you God for taking him away from all this."
Cartwright, 31, was the eighth Texas prisoner put
to death this year and the second in as many days.
Cartwright was one of three men who duped Nick
Moraida into thinking they were homosexuals offering to share beer
with him at a beachfront park along Corpus Christi Bay in 1996.
Instead, Moraida was stabbed then shot to death while being robbed
of his watch and wallet containing between $60 and $200. His
assailants hoped to use the money to buy drugs and alcohol.
Moraida's body was spotted by two fishermen the next morning in some
sea grass.
Kelly Overstreet, 27, and Dennis Hagood, 28, are
serving long prison terms for their part in the murder. They agreed
to plea bargains and testified against Cartwright.
Less than an hour before his scheduled lethal
injection, the U.S. Supreme Court rejected a late appeal in which
Cartwright's lawyers argued he was condemned by a Nueces County jury
because of testimony Overstreet later insisted was false. Overstreet
originally placed much of the blame for the shooting on Cartwright,
but in a written statement to Cartwright's lawyers earlier this
month, Overstreet said he was "upset at being turned in by Hagood
and Cartwright." "I intentionally made Cartwright out to be the bad
guy out of spite when in fact I am the one who was at the forefront
of all events," Overstreet wrote.
In the appeal to the Supreme Court, Cartwright's
attorneys argued that jurors relied on inaccurate information at the
trial. And while not denying Cartwright fired the shots that killed
Moraida, 37, the appeal said Cartwright participated in the
robbery-slaying under duress because he feared retaliation from
Overstreet, who had a reputation for violence. "At most he merely
followed orders from a violent person whom he was afraid of and who
had already threatened him," the appeal said.
State attorneys argued it was "incredible" that
Cartwright, armed with a gun, felt threatened by Overstreet, who had
a knife. They also said Overstreet's new statements, which they
called "inherently unreliable," did "nothing to establish actual
innocence" or undermine Cartwright's culpability.
"I am just another statistic in the dubious title
held by the State of Texas - death penalty capital of the world,"
Cartwright, who declined to speak with reporters, wrote on an anti-death
penalty Web site. "There are many reasons that this is wrong, not
the least of which is that I did not commit the crime for which I
was convicted and sentenced to death."
Canadian Coalition to Abolish
the Death Penalty
TEXECUTED MAY 19, 2005 Richard Cartwright - Texas
Death Row
" I love you very much, and when I die,
I will always watch over you and your mother,
I promise you this. I love you forever - Daddy". - From "
Richard Cartwrights ' "UNCENSORED FROM TEXAS
DEATH ROW REPORTS"
Online Petiton -Please Sign!
Daddy On Death Row - About a relationship between father and
daughter
Richard Cartwright being abused and beaten by guards
Richard Michael Cartwright - An innocent man on Death Row in Texas
The State of Texas has given this loving father,
son, husband, and friend an execution date of May 19, 2005. His time
is running out. YOU can make a difference in the outcome, if you
care enough to get involved and help.
We need to become emotionally and physically
involved in a battle to save a man’s life and save his family from
suffering a terrible loss. The man we need to save is Richard
Michael Cartwright, currently incarcerated on Texas Death Row at
Polunsky Unit in Livingston, Texas. Richard Cartwright is awaiting
lethal injection for the 1996 murder of Nick Moraida in Nueces
County. His Death Row number is 999224.
On his web site is a picture
of Richard Cartwright, the Father, holding his baby daughter, Ricki
Marie Cartwright one last time on the same day he was sentenced to
death. If you view this picture, it will touch your soul in ways I
cannot even begin to describe. It is a picture that you will carry
in your heart until the day you die. This picture and the emotional
story of a Father’s love for his Daughter can be accessed.
We need committed people to devote time praying
for this innocent man, for his little girl and for his family, but
most of all to dedicate time in trying to find resources that could
help save THIS INNOCENT AND PRECIOUS LIFE. You can begin by signing
the petition to stop the execution of Richard Michael Cartwright.
Richard Michael Cartwright is INNOCENT of the
crime he as been convicted of. He has been sentenced to die for the
actions of others. His friends and family continue to hold on to the
hope that someone will care enough to look at Richard’s case and
INTERVENE before another life is taken.
There is a trial exhibit on Richard’s website at:
http://www.deathrow.at/rmc/home.html. It is a handwritten letter
from one of the co-defendants to his girlfriend, admitting he killed
the victim. In the letter, he states, “There is a lot I can’t
explain about my life and my ways. I sometimes do things I don’t
really mean to do, I usually do these things when I am high. I have
always hated faggots but I didn’t mean to kill the little “queen.” I
was pretty high that night, and I guess my rage overcame my ass. I
guess that is what being a skinhead is all about.” But yet, Richard
Cartwright sits waiting to be executed and this man will one day
walk the streets again. And by the way, the man that wrote this
letter testified against Richard at his trial, stating that Richard
was responsible for the murder.
Richard’s friend and family believe in justice
and trying to help those in need. This story is about an innocent
man that was deprived of his freedom. This story is about pain,
sorrow and suffering, but above all it is a story of injustice. It
is also a story of a Father that has been deprived of his Daughter.
The story is about Ricki Marie Cartwright, a little girl who at only
two months of life was forced to live a life away from her father’s
touch. The only time she felt her father’s touch was for five
minutes that same day Richard Cartwright was sentenced to death. It
was only then that Richard held his daughter and it was only then
that little Ricki felt her father’s warmth and his caring embrace.
This story is about Richard Cartwright, the Father, the Son, the
Husband, the Friend, but most of all it is about an innocent man
convicted of a crime HE DID NOT COMMIT. Richard’s time is running
out as he’s set to meet with death on May 19, 2005. At that time,
little Ricki, the light of his life, will become half orphan, and
she will continue growing up without her father’s presence and his
love. How do you begin to explain to an 8- year old child that her
father is no longer alive? How do you comfort this little girl when
she asks to visit her father? Little Ricki’s life will be crushed.
As any daughter can tell you, it is unimaginable what life would be
like if something like this would happen to their dad.
Further information on Richard Cartwright’s case
could be accessed through the following addresses:
We are pleading for YOUR help in saving an
innocent life, in saving a Father and a Son. Please help this little
girl get her daddy back. Please help Richard’s mom, who in just two
months, if the State of Texas will have it its own way, will begin a
life of mourning for her innocent son killed at the hands of others
for a crime HE DID NOT COMMIT. How can anyone explain this UNJUSTICE???
Richard’s friends and family are praying and
hoping that this case will see the light of day and that with YOUR
help, Richard’s family and people like us who care will have a
chance to save him before it is too late. We continue to believe and
pray that there is someone out there, someone with a caring heart
who can help. People should know about this case and they should be
aware of all those terrible things that Death Row inmates go through
once the TV is turned off and once they are hidden from the rest of
the world. Richard Cartwright is a man that has gone through so much,
he has suffered beatings at the hands of prison guards (there is an
article about this incident on the “Uncensored” page).
Please take a moment to reflect on life as a
whole. Reflect on those who surround You and how much they mean to
You. Life is precious. It is not ours to take. We are asking You to
help in any way You can. Please help Richard! Please help Him! He is
a Father, he is a Son, but above all he is an innocent man. He is a
HUMAN BEING just like we all are.
January 14, 2002 - Fellow Death Row Prisoner Paul
Colella Writes:
You want some evidence on what's been going on here on Polunsky Unit,
get an attorney or someone down here with a camera and call out
Richard Cartwright #999224..His face should be good and black-and-blue
by then.. Last night 1-11-02 about 9pm a 5 man extraction team ran
in on him. After he was handcuffed and shackled a Sgt. Griggs
punched him several times in his face splitting his lips, other
officers kicked and hit him. I'm sure as usual the video camera was
conveniently off to the side but there is no denying the evidence of
the brutality upon Rich's face. Sgt. Griggs has been known to hurt
several people while at the same time him as supervisor should not
be on the team anyway..He suits up only when it's certain inmates.
Ya'll all wanted evidence get down here before he heals up. Things
are getting out of hand here and if someone doesn't act NOW it will
escalate and an officer or inmate will end up in a fatality. The
ball is now in your court.
Message Of Thanks From Richard Cartwright March
2002 (Passed on through Paul Colella):
“Once again I feel the need to put my thoughts on paper! I heard
someone saying ‘Look out your window.’ I climbed on my bunk, stood
on tip toes and to my utter delight I see a picket line, protesting
the horrid conditions on Death Row. Yes right in the main entrance
to Polunsky. To all of you who participated or helped organize the
protest, I truly thank you from the bottom of my heart. The hardest
emotion to keep hold of in here is hope! You have lightened my
despair with so often overwhelms my hope. I truly believe changes
will come. Not quickly, but it will come. You have renewed my hope
in that. It will be a long hard struggle but together we shall
overcome. Thank all of you from all of us here on the row. Mom, if
your reading this. I love you. Stay strong and keep hope alive. Also
a big thanks to my friend “Mouse”! Your friendship really made a big
difference in my life! In hope Rich Cartwright # 999224
RICHARD CARTWRIGHT'S CCADP PEN PAL REQUEST:
I'm a 29 year old male who was born and spent 24
years in the beautiful city of Chicago. I came down to Texas at the
age of 25 and was on Texas death row one year later. I am looking
for an open minded person to correspond and hopefully build a
meaningful friendship with.
Death row can be a very lonely and depressing
place and reaching out to someone in the free world is one of very
few ways to escape the mental and physical torment. When I was in
the free world I made my living as an automobile technician. I had
many hobbies such as building muscle cars, riding motorcycles,
fishing, walking on the beach at night, listening to rock and roll,
and playing hockey.
As a matter of fact in 1984 through 1988 the
hockey team I played for out of Chicago (The Huskies) were invited
to play in the friendship tournament in Kitchener Canada. I also
played for a triple A hockey team in 1988 that made it to the Silver
Stick tournament in Ottawa Canada !!
I don't recall the name of the river in Kitchener,
but it was froze over and we all went skating down the river and the
sides were covered with absolutely beautiful ice sculptures.
Maybe I should of moved to Canada instead of
Texas ! HA HA!
Thank you for your time and concern.
Send letters to:
Rich Cartwright 999224
Polunsky Unit D.R.
3872 FM 350 South
Livingston Texas
77351 USA
Deathrow.at
Welcome to the Webpage of Richard Michael
Cartwright An innocent man on Texas Death Row
EXECUTION DATE SET FOR MAY 19, 2005
See deathwarrant
READ A MOTHER'S PLEA
PLEASE SIGN ONLINE PETITION
USE THIS EASY WAY TO WRITE TO THE GOVERNOR
FEEL FREE TO USE THIS FLYER
Write letters to officials
My name is Richard Michael Cartwright and I am 32
years old.
I have a beautiful, bright, energetic 5 year old
daughter and I used to have a loving wife. I have been condemned to
death and am awaiting lethal injection on the infamous and
notoriously expeditious Texas death row. I have been sitting on
Texas’ death row awaiting execution for a crime I did not commit for
four years now. During this time, I have lost my lovely wife and
have had to be content to watch my beautiful daughter grow up in
photographs. She was just two months old to the day when I received
the death penalty. My ex-wife had to move on with her life and make
her way in the world alone with my baby girl. That is why we are
divorced. She has since remarried but she still brings my little
girl for visits occasionally, and these visits are what keep me
going.
My case
On the night of August 1, 1996, I went out with
three friends -- Robbie Foster, Kelly Overstreet and Dennis Haygood.
That night ended in the death of Nick Moraida. While I did go out
with the group, both Robbie Foster and myself were away from Kelly
and Dennis when the crime was committed. I was not present during
the time the murder was committed and I did not participate in its
delivery. The two men that actually committed the murder are not on
death row. One reason is that there were many misrepresentations and
out right lies told at my trial. The jury selection was even
continued when I was unable to be present in the court room due to a
medical problem. And even though the jury requested an explanation
of exactly what a sentence of life in prison meant, this was never
explained to the jury.
I am just another statistic in the dubious title
held by the State of Texas - death penalty capital of the World.
There are many reasons that this is wrong, not the lease of which is
that I DID NOT COMMIT THE CRIME for which I was convicted and
sentenced to death.
It has been overlooked that one of my
codefendants, while incarcerated in the Nueces County jail, wrote a
letter to his girlfriend stating “I have always hated
fagots, but I didn’t mean to kill the little queen. I was pretty
high that night and I guess my rage over came my ass. I guess this
is what being a skinhead is all about.” This is a direct quote from
a letter written by Kelly Overstreet to his girlfriend on March 11,
1997. This letter was turned over to my defense lawyer by the
girlfriend, Stephanie, after she learned that Kelly intended to
testify against me to save his own life.
I was not willing to commit perjury and testify
against Kelly, but he was willing to do so against me. He committed
perjury by testifying and pointing a crooked finger at me. I guess
everyone forgot that when you point one finger at a person, there
are three additional fingers pointing back at you. This was surely
the case with Kelly.
According to Texas law, an accused person cannot
be convicted on an accomplice’s testimony alone. As a work around to
this law, the State of Texas did not charge two of the people
allegedly involved in the offense so that they would be able to
provide corroborating testimony. One of those witnesses for the
State, Sarah Holliday, said that she knowingly accepted stolen
property from her husband (the second co-defendant in this case)
with knowledge that the property had belonged to the victim of this
crime. She took the stolen property to a pawn shop to obtain money
for her husband. According to Texas law, knowingly accepting stolen
property is a felony. The State used this information and the fact
that Sarah Holliday-Haygood could be charged with this felony to
convince her and her future husband to testify for the State to help
them convict me of the crime of capital murder.
Kelly Overstreet’s and Dennis Haygood’s testimony
was not enough to obtain a conviction because Texas law states that
“an accomplice’s testimony must be corroborated by another piece of
evidence.” Other corroborating evidence can either be physical or
testimonial. It was a tangled web of lies, woven into a story of
unadulterated fiction by the State of Texas to convict me and put me
in the place I am today. Both of the codefendants, Dennis Haygood
and Kelly Overstreet, were allowed to plead to lesser charges in
accepting the State’s plea bargain offer, conditionally offered only
if they were willing to testify against me.
Another fact that is important to note, Dennis
Haygood and Kelly Overstreet had been childhood friends. Their
criminal records show numerous robberies and assaults, which they
had committed together. When they were arrested and taken to the
Nueces County jail, they were placed in a holding cell together for
several hours. This allowed plenty of time for them to get their
stories straight and agree to place the blame for the murder on me
alone. After all, I was a man that they had only known for two weeks,
while they had a lifelong bond.
Dennis also admitted in his statement that the
murder weapon was his and he bought it for his best friend Kelly
Overstreet. This gun has never been recovered. He then described the
gun in detail, including the year, model, brand name, caliber and
type of ammunition it had been loaded with on the night of the
murder.
There was not one single, solitary piece of
physical evidence introduced to link me to this murder and robbery.
No physical evidence!! I was convicted and sentenced to the ultimate
punishment solely on the basis of two accomplices that were given
very compelling reasons to lie -- including the right to go on
living. They lied to save their own lives and the lives of each
other.
Sarah Holliday-Haygood was married to Dennis
Haygood after he was arrested, while awaiting trial. Her husband, in
exchange for his testimony against me, was given a 20 year sentence
and will be out in another 10 years or so. She was never charged
with a crime in this case.
Robert Foster was the fourth member of our group
present on that fateful night. However, he was never charged with a
crime in this case either. Besides never being charged in connection
with the murder of Nick Moraida, he was also forgiven a parole
violation which in and of itself should have put him into prison. In
addition, Robert was a suspect in a strong arm robbery and he was
never questioned further regarding that case once he agreed to
testify against me. Robbie also testified at my trial. He testified
that I was down and out, remorseful and worried in the days
following the incident. It is true. I was horrified once I learned
of the death of Nick Moraida through the news. It was devastating
and I was very, very scared.
The police and the expert witnesses that
testified against me only stated facts. They did not introduce any
evidence or testimony that identified me as the murderer. Everyone
else that testified against me received some type of deal for their
testimony.
I am not an angel. I do not want to mislead you.
We set out that night to buy some marijuana. That in itself is a
crime, but not worthy of the death penalty. It turned out to be the
most expensive marijuana I ever bought. It cost two people their
lives -- Nick Moraida and myself.
Everything I have documented here has been taken
from the trial record itself. Half truths at best, but most absolute
lies is what the State of Texas depended on to convict me and
sentence me to death by lethal injection. I refused a plea bargain
because I was convinced the truth would save me from a miscarriage
of justice. I thought that because I didn’t murder this man, the
evidence and truthful testimony would point that out in a trial. I
was raised to believe in the American system of justice. While my
faith in the system has definitely been shaken, I am still relying
on the truth of this message to correct a gross miscarriage of
justice.
1prison.com
Richard Cartwright
Age- 34
Race- Caucasion
Height- 6'2"
Weight- 200 lbs.
Eye Color- Hazel
Hair Color- What hair? I'm going bald.
Pen Pal Searching for- Someone Funny
Man, I'm close to becoming another one to grease
the wheels of the Texas death machine. I got money, I don't want to
fall in love, I just want to laugh. They nicknamed me "the Joker." I
have a beautiful, wonderful, loving, sweet 7 year old daughter named
Ricki and she give me all the strength and love to continue on. My
mom is also my best friend and I'm close to most of my family. If
I'm lucky I'm looking at about 2 more years left to live and like I
said, I just want to laugh and enjoy what I have left. I would not
mind someone close to come visit me and get me out of my cage. All
of my family live in Chicago. My visits are few and far between.
I'm far enough along in my appeals that I am not
looking to "con" anyone for money nor have I ever. I messed up. I'm
here and I must except and move on. I would however like to take you
(www.1prison.com) up on saying a few words about the death penalty.....
They say the death penalty is for "victims rights!"
Truth of the matter is all the death penalty does is complete the
circle of innocent victims. I'm not here to claim my innocence or
nothing like that, but the fact remains all the death penalty does
is create new innocent victims. I believe in God. I believe Christ
was sent as a sacrifice for my sins. When they kill me I am going to
heaven. I will answer for my sins, too. Once they kill me, thought....what
does that do to my little daughter? What does that do to my mother,
sister, nephews? They are just another handful of INNOCENT VICTIMS
that will morn and suffer through my death. One more point: The
State of Texas is going to kill me to teach others killing is
against the law!!!??? Do you go to the grocery store and steal
something in front of your child to let them know stealing is
against the law? I ask you all to pray for the may innocent victims
that the death penalty causes.
Thank you.
Execution For Convict In Gay Texas Man's Slaying
365Gay.com
May 19, 2005
(Huntsville, Texas) Barring a last minute stay
from Gov. Rick Perry a man convicted of the murder of a gay Corpus
Christi man more than a decade ago will die tonight in the Texas
death chamber at Huntsville.
Richard Cartwright will die by lethal injection
for the murder of Nick Moraida, 37, who was lured into a park by
three men pretending to be gay. Moraida was stabbed, fatally shot
and robbed of his watch and wallet containing between $60 and $200.
The two other men involved in the attack are
serving prison terms. Kelly Overstreet, 27, is serving 66 years and
Dennis Hagood, 28, is serving a 20 years. Both Overstreet and Hagood
testified against Cartwright at this trial. Overstreet has since
recanted his testimony saying he had been pressured by investigators.
Cartwright's lawyers have appealed to Gov. Perry
for a 30-day reprieve based on Overstreet's declaration. In January
the U.S. Supreme Court refused to review the case and the Texas
Board of Pardons and Paroles earlier this week voted 7-0 to reject a
clemency petition.
During the trial testimony showed Cartwright,
Hagood and Overstreet lured Moraida to the park, frequented by gays
on the bay front at Corpus Christi. The three had planned to mug and
rob a gay man the court was told. Moraida happened to be at the
wrong place at the wrong time. The trio decided that Cartwright and
Overstreet would rob him while Hagood rifled through Moraida's car.
But, Moraida, resisted and Overstreet stabbed him. The stab wound
wasn't fatal and when Moraida tried to run, Cartwright shot him. Two
fishermen found Moraida's body the next morning.
While awaiting trial Cartwright wrote letters
from jail to his partners urging them to all agree on a single story.
The letters were intercepted by authorities and used to help convict
him.
Last November, another man was executed for the
killing of a gay Houston man. Demarco McCullum had been found guilty
of killing Michael Burzinski in 1994.
Cartwright v. Dretke,
103 Fed.Appx. 545 (5th Cir. 2004) (Habeas)
Background: Petition was filed for writ of habeas
corpus. The United States District Court for the Southern District
of Texas denied relief. Petitioner requested a certificate of
appealability.
Holdings: The Court of Appeals, E. Grady Jolly,
Circuit Judge, held that:
(1) defense counsel's use of only six of fifteen peremptory strikes
allowed under state law was not ineffective;
(2) although prosecutor's comment in closing argument of guilt phase
of capital murder trial, referring to defense counsel as being "sneaky,"
was improper, defense counsel made a legitimate strategic decision
not to object; and
(3) prosecutor's argument during penalty phase of capital murder
trial, asking jury to imagine consideration defendant and
codefendants gave victim, did not improperly urge jurors to
disregard the special issues. Certificate of appealability denied.
Affirmed.
Before JOLLY, and WIENER, Circuit Judges.
Pursuant to 5TH CIR. R. 47.5, the Court has
determined that this opinion should not be published and is not
precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Richard Cartwright was convicted of capital
murder in Texas and sentenced to death. He requests a certificate of
appealability ("COA") to appeal the district court's denial of
federal habeas relief on his claims that his trial counsel rendered
ineffective assistance, and that he was denied a fair and impartial
jury and due process. Because Cartwright has failed to make a
substantial showing of the denial of a constitutional right, we DENY
a COA for each of his claims.
Cartwright and two other men were indicted for
the capital murder of a man they lured to the waterfront area of
Corpus Christi, Texas, by posing as homosexuals. After robbing the
victim, one of the other men stabbed him and cut his throat, and
then Cartwright shot him in the back. The medical examiner testified
that the knife wounds were not fatal, and that the gunshot wound was
the cause of death. The prosecution relied heavily on the testimony
of Cartwright's accomplices, corroborated by other circumstantial
evidence of his guilt.
The Texas Court of Criminal Appeals affirmed
Cartwright's conviction and sentence on direct appeal. Cartwright v.
State, No. 72,786 (Tex.Crim.App. May 5, 1999) (unpublished). The
Supreme Court denied certiorari. Cartwright v. Texas, 528 U.S. 972,
120 S.Ct. 415, 145 L.Ed.2d 324 (1999). Cartwright filed an
application for state habeas relief on July 16, 1998. The Texas
Court of Criminal Appeals adopted the trial court's findings and
conclusions and denied relief on October 3, 2001. Ex parte
Cartwright, No. 49,598-01 (Tex.Crim.App.2001).
Cartwright filed a federal habeas petition on
September 26, 2002. The district court denied relief without a
hearing and denied Cartwright's request for a COA on July 14, 2003.
Cartwright filed a timely notice of appeal and requested a COA from
this court.
* * *
By way of background, there was evidence that
Cartwright's accomplices, Hagood and Overstreet, had known each
other for several years prior to the murder, but they first met
Cartwright less than a week before the murder. There was also
evidence that the gun belonged to either Hagood or Overstreet, but
the State's theory was that Overstreet stabbed the victim and
Cartwright shot him, while Hagood searched the victim's car.
Cartwright called Dr. Rupp as a witness during the guilt-innocence
phase of the trial.
Rupp, who previously had served as a medical
examiner, testified that he had reviewed the autopsy reports and
photographs of the crime scene; that he had not reviewed all of the
police reports and witness statements; that in his opinion, one
person stabbed the victim and another person shot him; that of the
three persons involved and the two weapons involved, the two people
who knew each other were probably the assailants; and that usually
the owner of a gun does the shooting.
During closing argument at the guilt-innocence
phase, the prosecutor argued, without objection by defense counsel:
... Dr. Rupp would change his mind any time you asked him a
different way, the question. I mean, isn't it kind of funny how the
defense lawyer says, Dr. Rupp, I wanna bring you up here as an
expert, and here I'm giving you the autopsy report and the pictures,
and the defense neglects to give him any other information? Not one
scrap of evidence. Not one statement from a police officer or report
from a police officer or identification officer, not one statement
from a witness, not even what happened in court. Remember I said,
"Dr. Rupp, if you heard that somebody said that they heard this
defendant admit to the crime, would that change your mind," he goes,
"Sure it would change my mind. Sure it would change my mind."
The
defense lawyer is trying to blindside you by putting on this so-called
expert on human behavior with not enough information--not enough
information. And every time I talked to Dr. Rupp, he kept saying, I
wasn't asked that. I wasn't asked that. I was only asked this. Well,
don't you think that's kind of important, Dr. Rupp, to know the
whole story? You *551 folks got the whole story. How come he didn't?
How come the defense lawyer didn't give him--have the courtesy to
give him all the information? A little sneaky, isn't it? Little
sneaky.
Cartwright argues that his trial counsel rendered
ineffective assistance by failing to object to the above-quoted
argument attacking the veracity of defense counsel. In his affidavit
presented to the state habeas court, defense counsel stated that,
although he felt that the prosecutor's comments about him being "a
little sneaky" were improper, he did not feel that they were
sufficiently damaging to object. He also did not want to object and
thereby call the remarks to the attention of the jury.
The state habeas court found that the
prosecutor's reference to defense counsel as being "sneaky" was
improper, but that the comment did not harm Cartwright's defense,
and that counsel's decision not to object was reasonable trial
strategy. The district court held that the state court's findings
were presumptively correct and that Cartwright had not rebutted them
with clear and convincing evidence.
The district court agreed that
the prosecutor's comment about defense counsel being "sneaky" was
improper, but concluded that counsel made a legitimate strategic
decision not to object, and that the comment did not infect the
entire trial with undue unfairness. Reasonable jurists would not
conclude that the district court's assessment of this claim was
debatable or wrong. Accordingly, we deny a COA.
* * *
With respect to each of his claims, Cartwright
has not made "a substantial showing of the denial of a
constitutional right." 28 U.S.C. § 2253(c)(2). We therefore DENY his
request for a COA to appeal the district court's denial of federal
habeas relief. COA DENIED.
