March 6, 2006, 11:28PM
Inmate unable to outlive appeal
His attorneys accuse the state of delay tactics
By STEVE MCVICKER
Copyright 2006 Houston Chronicle
Death row inmate Anibal Rousseau believed that Texas criminal justice officials were waiting for him to die of natural causes so they wouldn't have to deal with the possibility of his getting a new trial.
"And the way things are going, they might get their wish," Rousseau told the Houston Chronicle last year.
In light of his death early Sunday, amid a protracted appeal focusing on ballistics evidence that was not turned over to the defense during his trial, his attorneys say they believe Rousseau was correct.
"There's been a complete breakdown of the system, including the judiciary dragging its heels in a very malicious way," said appellate attorney James Rytting.
"There was an innocent man on death row, and justice closed its eyes," said Philip H. Hilder, who also represented the inmate.
(snip)
Instrumental to his conviction was eyewitness testimony from one of the victim's co-workers, David Sullivan. Although the defense presented two witnesses who said Rousseau was not the man they saw shoot Delitta, Sullivan testified that Rousseau was the killer and that he had used a large-caliber shiny revolver.
Twelve years later, however, one of Rousseau's attorneys discovered that, about a month before his conviction, the Houston Police Department ballistics lab had determined that the bullet that killed Delitta had been fired from a gun that also was used in a murder after Rousseau was jailed.
(snip/...)
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Anibal Rousseau