John,
On Wednesday—less than 48 hours from today—Ivan Cantu will be executed by the state of Texas.
Twenty-four years ago, Ivan was charged with murder and sentenced to death. He has always maintained his innocence. And now, in light of new evidence that could prove his innocence, Ivan is asking for the legal system to do their due diligence.1
MoveOn is not the only organization sounding the alarm about Ivan’s case. Last month, Amnesty International called on the Texas Board of Pardons and Paroles to pardon Ivan due to mounting concerns about the fairness of his trial.2
Death Penalty Action and the Texas Coalition to Abolish the Death Penalty have also mobilized in support of Ivan. But time is running out.
MoveOn members have sent thousands of letters, made hundreds of calls, and rallied to demonstrate the overwhelming public support for Ivan. But we need to keep up the pressure and do everything we can before Wednesday to save Ivan’s life.
See Sister Helen’s email below for more information about Ivan’s case and why she feels it bears all the hallmarks of a wrongful conviction.
Thanks for all you do.
–Amy, Aliya, Alexis, Ankur, and the rest of the team
P.S. Call 1-855-251-1172 now to ask Gov. Greg Abbott to grant Ivan Cantu a one-time, 30-day stay of execution while there’s still time to act.
Sources:
1. "A Texas man on death row says his execution this month would be 'for a crime I didn't commit," NBC News, February 21, 2024
https://act.moveon.org/go/187749?t=6&akid=376327%2E40999114%2ExXnKJr
2. "USA: Execution set despite fair trial concerns," Amnesty International, January 30, 2024
https://act.moveon.org/go/187750?t=8&akid=376327%2E40999114%2ExXnKJr
Save Ivan Cantu before the state of Texas kills him!
Dear MoveOn member,
My name is Sister Helen Prejean, and I have an urgent plea. Ivan Cantu is scheduled to be executed on February 28. And if his life is taken by the state, I believe it will be a wrongful death. This case is personal to me. Ivan has asked me to be in the chamber and pray with him as the state of Texas takes his life, but I will not passively acquiesce in Ivan's death.
For 35 years, I've been in dialogue with the American people about the death penalty, and one significant thing I’ve learned is that even those who support the death penalty believe that the system ought to be fair. Since 1973, in the U.S., 196 persons (and counting) who were wrongfully sentenced to die were lucky enough to be exonerated.3 Our system is so riddled with error that for every eight persons executed, one wrongfully convicted person on death row has had to be released.4
New evidence reveals that the state's case against Ivan was based on a witness, who unquestionably lied on the stand, and her brother, who has now fully recanted his testimony. Ivan may well be innocent, but Texas courts are refusing to hear the new evidence, which strongly discredits the investigation and prosecution in his case. Ivan's case bears all the hallmarks of a wrongful conviction.
At this point all Ivan seeks is one fair hearing of the new evidence, which will almost certainly undermine any confidence in his original trial. Ivan needs access to the courts. Even original jurors support his appeals.6
At trial, the judicial system failed Ivan. Now that same system, instead of granting him a crucial evidentiary hearing in the courts, is proceeding to execute him.
In 2001, Ivan was convicted of killing his cousin James Mosqueda and Mosqueda's fiancée, Amy Kitchen. Ivan has always maintained his innocence, claiming that a rival drug dealer killed Mosqueda and Kitchen, and that Ivan was framed for the murders.7 Ivan has fought his conviction for decades. Most recently, the criminal court of appeals denied his request for a new trial—claiming that evidence and claims should have been brought up earlier. But some of the claims raised were based on a 2009 law and a new 2022 development.8 This is a failure of our justice system, plain and simple, and Ivan's life is on the line.
I've spent countless hours pouring over the details of this case, and one thing is clear—the case against Ivan was deeply flawed from the beginning. From ineffective assistance of counsel to police and prosecutorial misconduct to fraudulent testimony, Ivan's case is fraught with mishandling.9,10 And with new evidence that could exonerate him, it is urgent that the district attorney order a stay of execution and for an urgent inquiry into his case to be opened before he is put to death on February 28!
Jurors have come forward expressing concerns about Ivan's conviction.11 But they aren’t the only ones with concerns about Ivan's case. A private investigator, Matt Duff, has been researching the case since 2019. His podcast, "Cousins by Blood," takes a deep dive into Ivan's case and has sounded the alarm on this miscarriage of justice.12 And just this week, Ivan's attorney has filed a motion to courts today to explore new evidence in ballistics, which could call into question if the bullet presented at his trial actually matched the murder weapon.
All we are asking for is for the D.A. to delay Ivan's execution and do a thorough inquiry so there can be a full evidentiary hearing before the state executes him. There is evidence that, according to the private investigator, could very well overturn Ivan's capital murder conviction. It is critical that the state review that evidence. Will you add your name to the petition calling for the D.A.'s office to open an urgent inquiry into Ivan's case, and then pass this petition along to three friends to help raise awareness?
Thanks for all you do.
–Sister Helen Prejean
Sources:
3. "Innocence," Death Penalty Information Center, accessed January 16, 2024
https://act.moveon.org/go/186020?t=17&akid=376327%2E40999114%2ExXnKJr
4. "Death Penalty," Equal Justice Initiative, accessed January 16, 2024
https://act.moveon.org/go/186021?t=19&akid=376327%2E40999114%2ExXnKJr
5. "Texas Death Penalty Developments in 2023: The Year in Review," Death Penalty Information Center, December 14, 2023
https://act.moveon.org/go/186022?t=21&akid=376327%2E40999114%2ExXnKJr
6. "Texas Death Row inmate Ivan Cantu faces 3rd execution date, maintains innocence," Beaumont Enterprise, September 6, 2023
https://act.moveon.org/go/186023?t=23&akid=376327%2E40999114%2ExXnKJr
7. "Judge stops Texas execution after questions raised in Ivan Cantu's case," CBS Texas, April 21, 2023
https://act.moveon.org/go/186024?t=25&akid=376327%2E40999114%2ExXnKJr
8. "Texas Death Row inmate Ivan Cantu faces 3rd execution date, maintains innocence," Beaumont Enterprise, September 6, 2023
https://act.moveon.org/go/186023?t=27&akid=376327%2E40999114%2ExXnKJr
9. "Ivan Cantu Case Summary (Long Version)," YouTube, January 9, 2024
https://act.moveon.org/go/186025?t=29&akid=376327%2E40999114%2ExXnKJr
10. "About Ivan's Case," Save Ivan Cantu, accessed January 16, 2024
https://act.moveon.org/go/186026?t=31&akid=376327%2E40999114%2ExXnKJr
11 "Texas Death Row inmate Ivan Cantu faces 3rd execution date, maintains innocence," LMT Online, September 6, 2023
https://act.moveon.org/go/186027?t=33&akid=376327%2E40999114%2ExXnKJr
12. "Cousins by Blood," Cousins by Blood Podcast, accessed January 16, 2024
https://act.moveon.org/go/186028?t=35&akid=376327%2E40999114%2ExXnKJr
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