Texas Department of Criminal Justice

Texas Attorney General Media Advisory

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.

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.

Dallas Morning News

"Convicted killer in Corpus Christi executed." (AP 06:41 PM CDT on 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." 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. 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 now 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. "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."

Corpus Christi Caller-Times

"Cartwright apologizes, then is put to death; Victim's sister says execution is a relief," by By Neal Falgoust. (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.

Corpus Christi Caller-Times

"Execution is set for bayfront slaying; Trio ensnared man in robbery, death," by Neal Falgoust. (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.

ReutersNews.Com

"Chicago man executed for city park murder." (Thu May 19, 2005 10:13 PM ET)

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.

Corpus Christi Caller-Times

"Cartwright set to see death chamber today; victim's family won't attend," by Neal Falgoust. (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.

Huntsville Item

"Inmate executed for 1996 shooting death." (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:

www.deathrow.at/rmc>
www.richardcartwright.org/>
www.1prison.com/rcuncensored1.html>
www.ccadp.org/richardcartwright.htm>
www.1prison.com/rcuncensoreddate.html>
www.1prison.net/richpics.html>
www.1prison.com/ricki.html>

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
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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.

365Gay.Com

"Execution For Convict In Gay Texas Man's Slaying." (Posted: May 19, 2005 2:00 pm ET)

(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.