Stop the Execution of Ivan Cantu in Texas

Collin County District Attorney Greg Willis, Texas Criminal Court of Appeals, Texas Board of Pardons and Paroles & Governor Greg Abbott

NEW EXECUTION DATE: Ivan Cantu has been rescheduled for execution in Texas for allegedly killing his cousin, James Mosqueda, and his cousin's fiancé, Amy Kitchen. Ivan has always maintained his innocence. His new execution date is February 28, 2024.

See operative petition language below.

Latest Resources:

  • NEW (Jan 26, 2024): See Ivan's new web page and use the urgent letter-writing tool at ivancantu.org/

LISTEN TO THE COUSINS BY BLOOD PODCAST

For over 4 years, the Cousins By Blood Podcast has investigated Ivan's capital murder case and innocence claim. Watch a four minute video from Matt Duff, Ivan's investigator. There is also a nine minute version and a 27 minute version, all of which condense more than 44 podcast episodes down to the most basic issues in the case, which are:

Issues of concern:

THE STATE
- Evidence showing the state’s star witness committed perjury.
- After Cantu’s conviction, the prosecution withheld evidence from the defense for 11 years.
- Evidence that the prosecution and investigating officers improperly coached witnesses.
- Post-conviction DNA testing could not definitively establish Cantu was wearing the clothing admitted into evidence.                                                                                                                                                                   - According to multiple forensic pathologists, there is at least a 6 hour difference in the victim’s time of death and when the state’s star witness testified the murders occurred.

THE DEFENSE
- While the state utilized five experts, the defense requested zero experts.
- Trial counsel called no witnesses during the guilt/innocence phase and presented no exculpatory evidence.                                                                                                                                                                            - Trial counsel did not interview witnesses on the state’s witness list prior to trial.                                            - Trial counsel conceded his guilt during the closing argument.                                                                             - Trial counsel did not request a defense investigator, nor conduct any independent investigation.

STATE WRIT OF HABEAS CORPUS
- Counsel was not communicative with Cantu and rendered ineffective assistance by failing to challenge trial counsel’s performance at the guilt/innocence phase of trial.

To learn more about Ivan's case, head over to the Cousins By Blood Podcast. The podcast is also available for downloads on all major podcast platforms.

Texas' aggressive execution schedule marks it as an outlier in its use of the death penalty while the majority of other states are on a downward trend of executions. In the last few years, Texas has been one of only a handful of states that have carried out death sentences - and it continues to do so targeting the poor, the mentally ill and people of color.

Please sign the petition asking Governor Abbott and the Texas Board of Pardons and Paroles to do everything within their power to stop this execution, including issuing a stay, and seeking a path to clemency in the case.

Additionally, you may reach out now to the Board at bpp_clemency@tdcj.texas.gov and the Governor at https://gov.texas.gov/contact/ and (512) 463-1782. You can simply leave a voice message, or choose to speak to a representative if you prefer.

Please note: In Texas, the Governor does have limited power when it comes to the death penalty. But the story we are told that "it's out of the governor's hands," is only true if we allow it to be. Yes, the Texas Board of Pardons and Paroles must recommend clemency in that state in order for the Governor to grant clemency (mercy) by commuting a death sentence. But the fact is that the governor appoints the members of the Board of Pardons and Paroles. He can choose to appoint members who will take valid claims and concerns more seriously, instead of acting like rubber-stamping gate-keepers. He can still use his position of power and influence to enact justice in the State of Texas.  


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Death Penalty Action

To: Collin County District Attorney Greg Willis, Texas Criminal Court of Appeals, Texas Board of Pardons and Paroles & Governor Greg Abbott
From: [Your Name]

We are writing to ask that you to stop the February 28, 2024 execution of Ivan Cantu for the 2001 killings of James Mosqueda and Amy Kitchen.

Most urgently, Collin County District Attorney Greg Willis, we ask that you:

• scrutinize the new evidence in Ivan’s case that exposes fraudulent testimony and wrongdoing by state witnesses and law enforcement;
• should this inquiry raise doubts about any form of unfairness done to Mr. Cantu in the course of his trial, courageously state publicly your reservations about the integrity of the conviction;
• and recommend that execution be delayed to allow time for an evidentiary hearing on Mr. Cantu’s behalf.

Executing Ivan Cantu when there are numerous concerns about the veracity of the case against him is utterly irresponsible. If we are to continue executing individuals, we must be absolutely certain that the right person is behind bars, and in Ivan Cantu's case, there is too much doubt.

In Cantu’s case, there is evidence that the state’s star witness committed multiple counts of perjury. The prosecution and investigating officers improperly coached witnesses and withheld evidence from the defense. Cantu believes he received a raw deal from his own defense counsel, as well. Against Cantu’s wishes, the defense did not hire a private investigator, call any witnesses to dispute the state’s case, or present any evidence on Cantu’s behalf, and conceded Cantu’s guilt in the closing arguments.

"I never committed murder, and I want to prove it to the world, prove it to the Mosquedas, the Kitchens, and come home. I still have a life to live.”— Ivan Cantu, Death Row Inmate TDCJ#00999399

We are further concerned that while the vast majority of states with capital punishment continue on a downward trend of executions, Texas has continued to go against trend by carrying on an aggressive execution schedule - targeting the poor, the mentally ill and people of color.

We, the undersigned, ask that you do everything within your power to stop this execution, including issuing a stay, and seeking a path to clemency in the case.