TEXAS – 5th Circuit sends death case back to local judge – Anthony Bartee


May 31, 2012 Source : http://www.mysanantonio.com

Update

The 5th U.S. Circuit Court of Appeals has asked a lower court judge to rule on whether the testing of DNA evidence ordered by the Bexar County district attorney’s office in death row inmate Anthony Bartee‘s case now makes moot Bartee’s claim that the office violated his civil rights.

Bartee, on death row since 1998 for the robbery and shooting death of David Cook, 37, won a stay of execution May 2 just hours before he was set to die by lethal injection.

Chief U.S. District Court Judge Fred Biery granted the stay after Bartee’s lawyer, David Dow, filed a federal civil rights lawsuit against the district attorney’s office, saying they violated Bartee’s rights by not releasing evidence for testing.

The county appealed Biery’s ruling for a stay to the 5th Circuit. However, the county also submitted for testing the evidence Dow sought to have released.

Because of that, the 5th Circuit ruled on Tuesday to send the case back to Biery for the purpose of answering whether the testing makes Bartee’s claim irrelevant.

No information was available on when Biery might rule on the case.

Rico Valdez, with the Bexar County district attorney’s office, said they plan to finish the testing.

No new execution date has been set for Bartee.

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