Bartee execution officially put on hold – for now…

After a court of appeals refused to over turn a judge’s earlier ruling, Anthony Bartee’s execution will be stayed, likely for a few months.

The issue was that Bartee’s civil rights were being violated, as he claimed that the prosecution was witholding evidence that could exonerate the convicted murder. Originally scheduled to die in Feburary of this year, Bartee’s execution was stayed while DNA evidence was tested. To date the evidence still hasn’t been tested.

However, the prosecutors claim that all the evidence has been tested and that there is nothing remaining to review.

Bartee has already been removed from the death holding cell, where he awaited his execution, and been returned to death row where he will remain until the DNA evidence is tested once and for all.

Update: Texas inmate gets last minute, temporary stay of execution

Bartee gets a temporary stay of execution.

Update: 8:41pm CST – The 5th Circuit Court of Appeals upheld an earlier court’s decision to stay the execution of Anthony Bartee. He may not be executed tonight after all.

A San Antonio judge granted a temporary stay of execution to Anthony Bartee this afteroon just hours before he was scheduled to die. Bartee’s attorney’s claim that there is still DNA evidence that has not been tested that could exonerate him.

Bartee was scheduled to die at 6pm CST but his death warrant remains valid until midnight tonight.

More details as they become available.

Texas set to execute 6th inmate of 2012

Bartee has a second date with the execution chamber on May 2nd.

Anthony Bartee is the next inmate scheduled to die in Texas’ execution chamber.

Bartee received a stay of execution earlier to test DNA evidence in the case, hairs found clutched in the victim’s hands, but according to the Texas Coalition to Abolish the Death Penalty, the testing is not yet complete. This did not stop Judge Mary Roman from issuing a new death warrant for May 2nd.

Bartee was sentenced to death for the murder of David Cook in 1996. According to records, Bartee killed 37-year-old David Cook by shooting him in the head. He then fled on Cook’s motorcycle. Bartee admits to being present at the crime but has insisted since his arrest that he is innocent of the murder.

With only 48 hours left, Bartee may still have appeals and options for another stay if in fact the DNA evidence has not been tested.

Bartee gets stay of execution

Anthony Bartee was scheduled to be executed last night in Huntsville, Texas.

Anthony Bartee, who was scheduled to be executed Tuesday night, received a stay after a Texas judge agreed to further forensic tests.

Bartee, 54, was on parole after a 12 year sentence for rape, when an acquaintance, David Cook, 37 was found murdered. When police questioned Bartee they found Cook’s prized Harley-Davidson motorcycle in his possession. Witnesses claim that after the murder Bartee had claimed the motorcycle was his.

Bartee’s lawyers had argued that two strands of hair found in the victim’s hands were not Bartee’s and that they should be tested for DNA. The prosecution has argued that there is insufficient material for a meaningful test to take place.

The test will be carried out as quickly as possible.

3 more executions planned for February

The year has been a busy one in the death chamber in the United States. Gary Welch was the first inmate executed on January 5th. Followed by Rodrigo Hernandez, Edwin Turner and Robert Waterhouse. Now, with only 9 days left in the month of February, there are 3 more scheduled; 2 in Texas and one in Arizona.

Bartee killed a man while on parole.

Anthony Bartee

Anthony Bartee is currently sitting on death row in Texas. Bartee was given a death sentence in 1998 after he was found guilty of capital murder. Bartee who was out on parole from another crime, had befriended 37 David Cook but then killed him for his Harley-Davidson and two credit cards. He had stabbed Cook in the back with a knife, shot his twice with a gun and then after Cook had already died,  slashed his throat.

Scheduled execution date: February 28th, 2012 – Texas

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