Cambodian citizen Kim Lim &
  Cuban citizen Anibal Rousseau 
    
The following appeal for Cambodian citizen Kim Lim and for Cuban citizen Anibal Rousseau (Both inmates of Huntsville, Texas' Death Row)  was written by their fellow inmate of Death Row, Mr Jorge "George" Cordova
who had a serious upcoming execution date of February 10th, 1999.
Despite the closeness of this date, on January 13th, we at the CCADP received the following letter from Mr Cordova, in which he did not at all mention his own situation.
He asked instead, that people support and look into these two cases.

About Mr Kim Lim, Cordova said,  "Mr Lim has the mental capacity of an eight year old child." And about Mr Rousseau, "I am convinced of Mr Rousseau's innocence."



Dear Friends Visiting Website,
Suppose you were in a foreign country, friendless, penniless, not understanding the customs or norms of the natives of said country...and one day someone came to your ramshackled residence,  dragging you to headquarters, accusing you of murder and all types of other deeds; smeared, sneered, and jeered by the inhabitants, not understanding a word said, you were taken to court, given a court - appointed defender by the same system that is seeking your demise, and, with non existent physical evidence, a flimsy, clumsy, questionable eyewitness, you were found "guilty," (not by a jury of your peers which would be required by law), sentenced to death, and shipped to that country's most notorious death row.  (Texas leads the nation in the killing fields.)
Within the bowels of this beast, (D.R), where the din of chaos, madness, and insanity reigns supreme, buried in concrete, some 8x12 tombs juxtaposed in rows not unlike that country's cemetary, you do your best to make this dungeon your "home."
Scorned by the inhabitants, forgotten by your friends, dismissed by your own family, waiting and hoping for a letter or a visit that never materializes, you await your fate, whatever that outcome may be, always hoping for the best, never allowing your resiliency a seconds rest.
Pacing the confines of your tomb - back and forth, back and forth, one two three four, one two three four, your tired legs trekking the miles, going nowhere yet marching nevertheless, days accumulating into weeks,weeks into months,  months into years...the intervening sequence of events  overlapping into fifteen years, twenty years,* still marching, hoping, dying within, a silent death, cocooned in a din of agony, despair engulfing the air, the redundancy, oh man, the redundancy! ! !  For this, there is no clemency.
If you can "see" and empathize with the aforementioned brutal, cruel, diabolical experience, whether you are a Democrat or a Republican, I implore your noble minds, magnanimous hearts, and ask for your support for the following two men:
Mr Kim Lim

Kim Lim  # 9990330 
Polunsky Unit D.R. 
12002 FM  350 South
Livingston, Texas
77351   USA 

You can now email Kim Lim through his 
supporters who will print and mail your email to him :  kim_ly_lim@yahoo.com

Date of Birth:  04/05/1971
Nationality:  Cambodian
On Death Row Since:  1992

Note : Mr Lim has the mental capacity of an eight year old child.

Mr Anibal Garcia Rousseau

Mr Anibal Garcia Rousseau
#999492 
Polunsky Unit D.R. 
12002 FM  350 South
Livingston, Texas
77351   USA 

Date of Birth:  11 / 27 / 40
Nationality:  Cuban
On Death Row Since: 7/10/89

Note:  I am convinced of Mr.  Rousseau's innocence.

*The fifteen / twenty years analogy is based upon the authors personal experience, not Mr Rousseau's and Mr Kim's,.

CON MUCHO GUSTO...
George Cordova # 706,   January 1999



                Visit George Cordova's Homepage:
   http://ccadp.org/georgecordova.htm

   Latest News Anibal Garcia Rousseau

Death row case goes back to court -- Defense lawyers didn't get crucial ballistics results

Harris County prosecutors will have to explain how several key pieces of information that could have helped clear a capital murder defendant were never turned over to his defense attorney.

Anibal Rousseau was convicted of capital murder in 1989.

The Texas Court of Criminal Appeals on Wednesday ordered the case of Anibal Rousseau returned to district court for further review of allegations that ballistics test results favorable to his defense were
not made known either before or after the trial.

Rousseau, who has maintained his innocence since his arrest, was convicted of capital murder in 1989 and sent to death row. The lead prosecutor in the case, Lorraine Parker, pleading ignorance of the
information in question, has called for a new trial. The other prosecutor, District Attorney Chuck Rosenthal, has said he did not remember seeing results of the tests.

Technically, the appeals court allowed Rousseau to now raise issues that he did not raise in his 1st appeal following the conviction. His lawyers hope this will translate into a full-fledged hearing where they can present evidence -- the 1st step in getting a new trial.

"This is a rare move for the Court of Criminal Appeals," said Phil Hilder, one of Rousseau's lawyers. "We are delighted that we now have the opportunity to go back to the state court for a hearing."

First, however, state District Judge Susan Brown must grant one. Roe Wilson, who handles capital appeals for the Harris County District Attorney's Office, said it would not be unusual for the trial court judge to rule on the merits of the new claim without hearing evidence.

Rousseau, 61, was convicted of killing David Delitta, an Environmental Protection Agency agent, during an October 1988 robbery outside a southside restaurant. The conviction hinged on the eyewitness
identification of Rousseau by David Sullivan, Delitta's co-worker.

Neither police nor prosecutors disclosed to the defense that the gun used to kill Delitta was found five months later in the possession of Juan Guerrero, a Dominican drug dealer. Guerrero, arrested after a traffic accident, was suspected of killing Leo Williams in March 1989. He later admitted to the murder.

2 ballistics tests by the Houston Police Department firearms lab concluded that the bullets used to kill Delitta and Williams were fired from the same gun, the black .38-caliber revolver found with Guerrero.

Presumably, the burden is on prosecutors to explain why this information did not reach defense attorneys, how the gun ended up with Guerrero and why it failed to match the description given by eyewitness Sullivan, who repeatedly told authorities -- and Rousseau's jury -- that the gun pointed at him and Delitta was chrome or nickel-plated.

Prosecutors made a point in the trial of linking Rousseau to a shiny, silver revolver that he used in a series of bank robberies in the months before the Delitta murder.

Timing may be be part of the district attorney's explanation. The results of the 2nd ballistics test, the one that conclusively showed that Guerrero's gun was the murder weapon, were not recorded until June 27,
1989, 5 weeks after the end of Rousseau's trial.

Rousseau's lawyers contend that if the Guerrero connection had been pointed out to his defense counsel in the 1st place, it is likely that the trial would not have gone forward until the results of the 2nd test
were known.

"I think we've uncovered some real substantial evidence of innocence," said Bryce Benjet, another of Rousseau's attorneys. "This guy Juan Guerrero was arrested with the murder weapon, he was known to be a violent offender and he made statements to our investigator indicating he was involved in the (Delitta) shooting."

Guerrero served a prison sentence in connection with Williams' murder and was deported to his native Dominican Republic early this year.

Parker, the former prosecutor, signed an affidavit in February saying that Rousseau deserved a new trial. She said she was never informed of the ballistics tests or Guerrero's arrest.

"Disclosure of this evidence would have likely entailed additional investigation on both sides on such issues as whether Juan Guerrero could have been the assailant in Mr. Delitta's case, whether Guerrero's weapon could be linked to Anibal Rousseau, and whether there was an explanation for the difference between Sullivan's description of the weapon and its actual appearance," Parker stated.

At the very least, police knew during Rousseau's trial that the same gun was used to kill Delitta and Williams, as was recorded in the notes of their investigation into Williams' killing. At the time they theorized -- incorrectly -- that the gun would turn out to be the silver revolver described by Sullivan. Now a civil attorney in Denver, Parker told the Chronicle in April that if Rousseau cannot be linked to the weapon, the case against him evaporates.

Co-counsel Rosenthal, who was an assistant district attorney at the time, could not be reached for comment. He has previously said he did not remember seeing the reports that linked Guerrero's weapon to the Delitta killing. He also has said he thinks it is plausible that the gun could have passed indirectly from Rousseau to Guerrero, criminals who lived near each other.

Rosenthal's office has 120 days to respond to the issues raised in Rousseau's appeal.

(source: Houston Chronicle)

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This page was last updated September 27, 2002       Canadian Coalition Against the Death Penalty
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