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Obama And The U.N. Trying To Delay Texas’ Execution Of Humberto Leal
The Cypress Times ^ | 7-4-2011 | John G. Winder

Posted on 07/04/2011 9:16:04 PM PDT by smoothsailing

Obama And The U.N. Trying To Delay Texas’ Execution Of Humberto Leal

John G. Winder, The Cypress Times

July 4, 2011

Leal is a Mexican national who kidnapped, raped and murdered a 16-year old girl

WASHINGTON, DC – The Obama administration has gone to the Supreme Court to seek a delay of the execution of convicted kidnapper, rapist and murderer Humberto Leal. The United Nations High Commissioner for Human Rights has written a letter to Texas Governor Rick Perry asking him to commute Leal’s death sentence.

In 1994 Humberto Leal, a Mexican national, viciously abducted, raped and murdered 16-year old Adria Sauceda.

The media has provided  coverage on how Texas is denying Mr. Leal's rights, yet little has been reported on the details of the vicious and cruel murder for which Mr. Leal was convicted. 

Facts of the case from Texas Attorney General Gregg Abbott

On May 20, 1994, sixteen-year-old Adria Sauceda and Humberto Leal were at a party. At some point an intoxicated but conscious Sauceda was placed in Leal’s car, and Leal got in the vehicle and drove away.

About thirty minutes later, Leal’s brother arrived at the party and yelled that Leal had come home with blood on him saying he had killed a girl.

Several of the party members went looking for Sauceda in the same general area where the party was held. They called police after they found her nude body on a dirt road. They noticed Sauceda’s head had been bashed in and it was bleeding.

When the police arrived, they saw the nude Sauceda lying on her back. There was a 30- to 40 pound chunk of asphalt lying partially on Sauceda's left arm. Blood was underneath this rock. A smaller rock with blood on it was located near Sauceda’s right thigh. Sauceda’s head was splattered with blood. There was a bloody and broken stick protruding from Sauceda’s vagina.

Later that day, police questioned Leal and searched his house. Police seized a blouse belonging to Sauceda that contained several blood stains, hair and fibers. The police also confiscated Leal’s clothing from the night of the murder. Blood and other bodily fluid were found on Leal’s underwear. Police found blood stains on the passenger door and seat of Leal’s car. Police later arrested Leal at his home.

A medical examiner testified that Sauceda died from blows to the head and that based on the injuries to her head, she would had to have been struck with the rock two or three times. The medical examiner said Sauceda’s neck also contained injuries consistent with manual strangulation and that she had three bite marks on her body that matched dental impressions of Leal’s teeth.

Leal admitted at his trial that as he was taking Sauceda from the party he turned in the opposite direction from the way she had directed him to drive and when she attempted to get out of his car he refused to allow her to do so. He testified that when Sauceda finally did exit his car, he attempted to pull her back, but said she began hitting, pushing, and scratching his face. He testified that when Sauceda scratched him, he pushed her, felt something wet on the back of her head, shook her in an unsuccessful attempt to wake her, and then fled in fear when he saw bubbles coming out of her nose.

.................


The Obama Administration’s Solicitor General Donald B. Verrilli, Jr. has presented a friend-of-the-court brief to the Supreme Court saying Leal’s execution by the State of Texas would, "place the United States in irreparable breach of its international-law obligation to afford (Leal) review and reconsideration of his claim that his conviction and sentence were prejudiced by Texas authorities' failure to provide consular notification and assistance under the Vienna Convention on Consular Relations."

Obama’s administration asserts that Leal, who was an illegal alien living in Texas from the age of 2 to the time of the murder at age 34, was not offered access to a Mexican consular official at the time of his arrest.

Rupert Colville, a spokesman for Navi Pillay, the U.N High Commissioner of Human Rights said, “The lack of consular assistance and advice raises concerns about whether or not Mr. Leal's right to a fair trial was fully upheld.”

The U.N. Special Rapporteur on extrajudicial, summary of arbitrary execution, Christof Heyns, told CNN International, "If the scheduled execution of Mr. Leal Garcia goes ahead, the United States government will have implemented a death penalty after a trial that did not comply with due process rights."

"This will be tantamount to an arbitrary deprivation of life," Heyns said.

No, Mr. Heyns raping and beating a 16-year old girl to death with a block of asphault is arbitrary deprivation of life.  Carrying out the death penalty against someone so callous and indifferent is called Justice.

Not good enough for President Obama.  The Obama administration said in its brief to the Supreme Court, that delaying the execution of Leal would serve the interests of the United States as well as Leal’s interest.

"These interests include protecting Americans abroad, fostering cooperation with foreign nations, and demonstrating respect for the international rule of law."

I would like to see Mr. Obama demonstrate respect for U.S. law.

Leal has been found guilty by a jury of 12 United States Citizens. The facts were presented in a U.S. court according to the laws of the United States of America and the laws of the State of Texas. Mr. Leal had legal representation at his trial.

The Obama administration lost this same argument in district court already. The court of appeals has refused the Obama administration’s attempt to gain a delay in the execution of Leal.

Now, Mr. Obama presses the Supreme Court saying Leal’s execution “would have serious repercussions for United States foreign relations, law enforcement and other cooperation with Mexico, and the ability of American citizens traveling abroad to have the benefits of consular assistance in the event of detention."

Reality check: Can it get any worse in Mexico?  Would executing Leal, a convicted child-rapist, cause more drugs to come illegally across our border?  Would Leal’s execution cause more ICE agents to be murdered?

Texas has already issued a warning to American citizens advising them in the strongest terms possible not to travel to Mexico over the July 4th holiday weekend because of impending plans by the Los Zetas drug cartel to specifically target Americans in Nuevo Laredo.

Mr. Obama seems hell-bent to prevent the people of the United States from protecting themselves in anyway from death, drugs and economic ruin at the hands of Mexico. 

Here are some more facts about Mr. Leal’s case and how he came to be on Texas death row.

PROCEDURAL HISTORY OF LEAL’S CASE

08/17/94 - A Bexar County grand jury indicted Leal for capital murder.
07/11/95 - A Bexar County jury convicted Leal of capital murder.
09/17/97 - Leal filed an original application for a state writ of habeas corpus.
02/04/98 - Leal’s conviction and sentence were affirmed by the Texas Court of Criminal Appeals.
02/22/99 - The Supreme Court denied Leal’s petition for certiorari challenging his conviction and sentence.
10/20/99 - The Texas Court of Criminal Appeals denied state habeas relief.
03/14/00 - Leal filed a petition for a federal writ of habeas corpus.
03/20/00 - Leal’s petition for certiorari challenging the denial of his first state habeas application was denied.
10/20/04 - A San Antonio federal district court denied habeas relief.
03/24/05 -Leal filed his second state habeas application.
10/13/05 -The United States Court of Appeals for the Fifth Circuit denied a certificate of appealability and affirmed the district court’s denial of Leal’s first federal habeas petition.
04/17/06 - The Supreme Court denied Leal’s petition for certiorari relief challenging the Fifth Circuit court’s denial of a certificate of appealability.
03/07/07 - The Texas Court of Criminal Appeals dismissed Leal’s second state application as an abuse of the writ.
03/14/07 - Leal filed his second federal habeas petition.
12/17/07 - A San Antonio federal district court dismissed Leal’s second federal habeas petition for lack of jurisdiction.
03/31/08 - The Supreme Court denied Leal’s petition for certiorari challenging the denial of his second state habeas application.
06/02/08 - Leal filed a motion for DNA testing in the trial court.
10/10/08 - The trial court denied Leal’s motion for DNA testing.
12/03/08 - The Texas Court of Appeals dismissed for want of jurisdiction Leal’s appeal of the trial court’s denial of DNA testing.
06/24/09 - The Fifth Circuit court reversed the federal district court’s holding that it lacked jurisdiction to consider Leal’s second federal habeas petition but nonetheless dismissed with prejudice based on Medellin v. Texas.
11/18/09 - The Texas Court of Criminal Appeals denied Leal’s appeal of the trial court’s denial of DNA testing.
12/01/09 - Leal filed a Section 1983 lawsuit in federal district court.
04/21/10 - The federal district court dismissed Leal’s 1983 lawsuit without prejudice.
11/08/10 - The Bexar County trial court scheduled Leal’s execution for July 7, 2011.
03/28/11 - Leal and fellow death-row inmate Cleve Foster filed a lawsuit in a Travis County state district court challenging the lethal-injection protocol under the Texas Administrative Procedure Act.
04/28/11 - The Travis County court dismissed Leal’s lawsuit for want of jurisdiction.
05/18/11 - Leal filed a motion to amend his 1983 suit in a San Antonio federal district court.
06/07/11 - Leal filed a clemency petition with the Board of Pardons and Paroles.
06/10/11 - The Texas Court of Appeals affirmed the Travis County district court’s decision.
06/10/11 - Leal filed a motion for an evidentiary hearing in a San Antonio federal district court
06/14/11 - Leal filed a request for a temporary restraining order in a San Antonio federal district court.
06/16/11 - Leal filed his third federal habeas petition in district court and a motion for a stay of execution, a motion to stay and abate, a motion to consolidate this proceeding with his last federal habeas proceeding, and a 60(b) motion.
06/17/11 – Leal filed a petition for review with the Texas Supreme Court on the ruling of the Texas Third Court of Appeals on the lawsuit in a Travis County state district court that challenged the lethal-injection protocol under the Texas Administrative Procedure Act.
06/20/11 – Leal’s 1983 suit and request for a temporary restraining order were dismissed by a federal district court. Leal filed a notice of appeal on his 1983 suit.
06/21/11 – A federal district court denied Leal’s motion to open his second federal habeas petition and stay of execution. The court also denied his motion to consolidate with his third petition. The third habeas petition is pending.
06/22/11 – A federal district court dismissed Leal’s third federal habeas application without prejudice.
06/23/11 – Leal filed a second subsequent application for post-conviction writ of habeas corpus and a motion for a stay of execution in the Texas Court of Criminal Appeals.
06/27/11 - Leal filed a motion for emergency relief in the Texas Supreme Court.
06/27/11 – The Texas Court of Criminal Appeals denied Leal’s application for a post-conviction writ of habeas corpus and his motion for a stay of execution.
06/28/11 –- Leal filed two motions for a stay, a cert petition and a petition for a writ of habeas corpus in the U.S. Supreme Court.
06/30/11 –- Leal filed a motion for a certificate of appealability in the United States Court of Appeals for the Fifth Circuit appealing the dismissal of his third federal habeas petition.
06/30/11 -- The Texas Supreme Court denied Leal's petition for review on the ruling of the Texas Third Court of Appeals on the lawsuit in a Travis County state district court that challenged the lethal-injection protocol under the Texas Administrative Procedure Act. The court also denied Leal's motion for emergency relief this morning.
Leal’s clemency application remains pending.

Why is the President of the United States so interested in this case?  Why is the U.N. trying to pressure a sovereign state into bending to its rule?  Have any of these people ever met Rick Perry?  Don’t they know that “Don’t Mess With Texas” is more than a slogan?

Texas Governor Rick Perry will sleep just fine on Thursday night, the scheduled date of Leal’s execution.  Texans will all sleep better knowing a murderer of children will not return to those streets to murder again.

I have served on a jury in a murder trial.  Our jury convicted and the accused was given the death penalty.  In Texas a jury doesn’t gather around a table and say, “Let’s give this guy the death penalty.” In order for the death penalty to be applied, there must be evidence that the person convicted of murder might harm someone again if ever released back into society.

The jury in the Leal case had that evidence presented during the punishment phase of Leal’s trial and they learned that two weeks before Sauceda’s murder, Leal sexually assaulted another teenage girl and bit her on the neck.

The jury also learned that, following that assault, Leal had repeatedly telephoned the girl’s older sister and threatened to have someone kill her if she testified against him.

Humberto Leal received a fair trial, was found guilty, and was sentenced to death.

Why Barack Obama is trying, once again, to insinuate himself into the laws of a sovereign state and to defy the will of the people is beyond comprehension.

There is plenty on your plate already, Mr. President. Not the least of which may soon be an announcement that Rick Perry is running for President.


TOPICS: Constitution/Conservatism; Crime/Corruption; Extended News; Front Page News; Mexico; US: Texas
KEYWORDS: aliens; bhofascism; bhotreason; corruption; criminalaliens; criminaldemocrats; democrats; dontmesswithtexas; illegalimmigration; leal; mexico; mexicution; obama; texacution; texas
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To: smoothsailing

That the father of two similar-aged daughters can read this, look at the photos (the court must have done so) and not just give it back, walk away and let the local authories just deal with it is very strange.


41 posted on 07/04/2011 10:41:09 PM PDT by stanne
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To: Lmo56
How the hell did he get a law degree from Harvard anyway?

Saudi Money!

42 posted on 07/04/2011 10:43:07 PM PDT by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one)
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To: smoothsailing
Obama’s administration asserts that Leal...was not offered access to a Mexican consular official at the time of his arrest.

Perry should compromise.

Allow the Mexican consular access to Leal’s recently executed remains. Win win.

43 posted on 07/04/2011 10:44:02 PM PDT by Tex-Con-Man
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To: smoothsailing
I guess now we know what commie bass turds like Barry the Kenyan and his UN buttboys think about innocent young girls.Raping and murdering them is no big deal. The UN blue helmets do it all the time.

Fry the SOB!!!

44 posted on 07/04/2011 10:58:20 PM PDT by FlingWingFlyer (When the going gets tough, the tough check themselves into "rehab".)
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To: smoothsailing

45 posted on 07/04/2011 11:04:32 PM PDT by kcvl
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To: smoothsailing

petition to “stop” execution (I think you can write anything you want on it)

http://www.thepetitionsite.com/2/save-humberto-leal/


46 posted on 07/04/2011 11:07:04 PM PDT by kcvl
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To: smoothsailing

Texas should tell Obama and the wusses at the UN to go f*** themselves.


47 posted on 07/04/2011 11:07:50 PM PDT by fatnotlazy
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To: Candor7

“Ride the lightning Humberto.”

Don’t have the chair anymore but Humberto we want you to see that stick you stuck in her and that asphalt that you put on top of her as that fluid pops into your veins. AMF at the Walls Unit on 7/7, run clock run.

BTW what shyster keeps filing these repetitive, outrageous, and frivolous cases for this POS. He/she ought to be disbarred, or at least the judges ought to hold him/her in contempt of court.


48 posted on 07/04/2011 11:30:44 PM PDT by secondamendmentkid
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To: Trod Upon
until the whole damned building is reduced to golf ball sized rubble

That's NOT enough. After everybody is done, and looks away, all the individual golf balls will jitter and jiggle together, merging and manging, forming some other shape of pure evil. It CAN and WILL take other forms. I'd recommend at least molecular sized particles. Even then, they might over time form a slurry, repeating the process...

49 posted on 07/05/2011 12:03:20 AM PDT by C210N (0bama, Making the US safe for Global Marxism)
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To: secondamendmentkid

DEAD MAN WALKING...... Just sayin.......


50 posted on 07/05/2011 12:07:59 AM PDT by flaglady47 (When the gov't fears the people, liberty; When the people fear the gov't, tyranny.)
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To: smoothsailing
Why Barack Obama is trying, once again, to insinuate himself into the laws of a sovereign state and to defy the will of the people is beyond comprehension.

Demagoguery!!

merriam-webster:

1) a leader who makes use of popular prejudices and false claims and promises in order to gain power

2) a leader championing the cause of the common people in ancient times

Never, never ever, let a crisis (or a wedge issue) go to waste!

51 posted on 07/05/2011 12:31:23 AM PDT by Cincinatus' Wife
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To: smoothsailing

Death by a thousand cuts to this knuckledragger. Stay the f*** out of this, Mexico. You don`t own us yet.


52 posted on 07/05/2011 2:30:51 AM PDT by ScottinVA (Imagine.... a world without islam.)
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To: smoothsailing
This is states rights, 10th Amendment territory

not quite....foreign nationals have extra rights - that is, access to their consulate (and we would hope, should we be in a foreign country, we are also given access to our consulate should we be arrested/detained). What we don't know right now is whether slimeball claimed to be an American citizen when arrested. Or if he just 'got religion' about being 'foreign' when he learned it may be a way out of getting dead.

the taxpayer-funded defender has gone through all the legal steps he can possibly go through, at a cost to the taxpayer of hundreds of thousands of dollars minimum over, what? 20 years almost?

so, give the slimebag access to a foreign consulate,apologize to the taxpayer for wasting their money -again - try the loser again and let him go through his list of filings for another twenty years, this time at a cost of millions, and get this loser off my flipping planet already.

53 posted on 07/05/2011 3:25:49 AM PDT by blueplum
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To: smoothsailing

Also disgusting about this entire episode is that Obama seems to be encouraging other nations to target Americans. Without his “contribution” to the entire fiasco (claiming that our disregard for this murderer’s Mexican rights, etc., will result in other nations targeting Americans) this would never have even been entertained by other nations. It is my belief that Obama merely feels that the murder of a white girl by anyone who is not white is not worth taking the time to prosecute. This is merely Obama’s administration keeping in lock-step to their general feeling that whites are meant to support minorities and, other than that, have no useful purpose or rights. What he supports is, in effect, slavery of whites.


54 posted on 07/05/2011 3:52:59 AM PDT by onevoter
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To: smoothsailing
Just release him in Mexico with a note about his crime glued to his back and with 400 dollars in 5 dollar bills superglued to his body and a roll of ones glued in his mouth and wish him good luck. I would bet he would last 20 minutes of pain.
55 posted on 07/05/2011 4:04:43 AM PDT by bdfromlv (Leavenworth hard time)
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To: smoothsailing

We’re going to kill him twice just because you asked. HA HA!


56 posted on 07/05/2011 4:05:20 AM PDT by conservativeimage ("Uh, let me be clear. Uh." - President Barack Obama)
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To: Norm Lenhart

“The UN has to go. The next admin MUST remove the US from all it’s treaties, Agenda 21 BS ...all of it.”

Unfortunately, U.N.’s Agenda 21 has made quite a bit of progress in Texas.


57 posted on 07/05/2011 4:44:44 AM PDT by ViLaLuz (2 Chronicles 7:14)
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To: smoothsailing

AND TO HELL WITH HIS VICTIM, that’s what this all about folks.


58 posted on 07/05/2011 4:46:57 AM PDT by Waco (Nominate Palin or forget 2012 you lost)
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To: flaglady47

Why is the scumbag still breathing. Show him NO MERCY and make it a point that it goes public. Might even send a message to other illegals that ours is a nation of laws.

You come here, break our laws (most importantly murder), you die! End of story!


59 posted on 07/05/2011 5:18:56 AM PDT by DaveA37
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To: smoothsailing

Bump.


60 posted on 07/05/2011 5:28:55 AM PDT by GlockThe Vote (The Obama Adminstration: The flash mob who wonÂ’t leave.)
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