A man on Texas death row for a fatal shooting and stabbing during a San Antonio robbery has lost a federal court appeal.
That moves 52-year-old Anthony Bartee a step closer to execution. Bartee was condemned for killing 37-year-old neighbor David Cook and stealing his motorcycle in August 1996.
Bartee's attorney argued before the 5th U.S. Circuit Court of Appeals in New Orleans that DNA evidence showed someone else was at Cook's home the night of the slaying. But in a Friday ruling, the appeals court decided the evidence would show no one other than Bartee was responsible for stabbing Cook in the throat after he'd been shot.
Bartee contends two gang members did the slaying.
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