Posted on 07/05/2011 11:04:09 AM PDT by cowtowney
Obama tries to stop execution in Texas of Mexican killer
US president warns Texan authorities that execution would put America in breach of international legal obligations
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Chris McGreal in Washington guardian.co.uk, Tuesday 5 July 2011 16.39 BST Article history
COP15 U.S. President Obama President Barack Obama has asked the Texan authorities not to execute the convicted rapist and murderer Humberto Leal Garcia. Photograph: Bob Strong/Reuters
President Barack Obama is attempting to block the execution in Texas on Thursday of a Mexican man because it would breach an international convention and do "irreparable harm" to US interests.
The White House has asked the US supreme court to put the execution of Humberto Leal Garcia on hold while Congress passes a law that would prevent the convicted rapist and murderer from being put to death along with dozens of other foreign nationals who were denied proper access to diplomatic representation before trials for capital crimes.
(Excerpt) Read more at guardian.co.uk ...
So he probably never had a Mexican passport, and the Mexican government likely didn't even know he existed. If he had been on the government radar, such as by being born in a hospital, he dropped off it long ago. Now people are saying the Mexican government may have come to his defense? I doubt it.
When will this president side with the people of the United States of America instead of everyone else.
Generally yes, but you have to ask for it. Nobody is under any responsibility to tell you about rights you may have under international treaty. You are expected to know them before you travel. Even then, the consulate generally tells you that you shouldn't have broken local laws, you're on your own. The government doesn't just pay for a local lawyer for you. Theoretically they might help you if you were charged for something that's not considered a crime in America, and you were ignorant of it being a crime there, and it became a political thing. But this is rape and murder, no excuse of ignorance applies.
OTOH, he didn't travel of his own accord, he was brought here as a child. Still, he knew his illegal status, so he should have gotten educated about how treaties could affect his status here.
Few question that he was responsible for the killing but the Texas authorities failed to tell Leal, who was born in Mexico and has lived in the US since the age of two, that under the Vienna convention he was entitled to contact the Mexican consulate when he was arrested.
Leal's lawyers argue that the lack of consular access played a role in the death penalty being applied because the Mexican national incriminated himself in statements made during "non-custodial interviews" with the police on the day of the murder. Had Leal had access to the Mexican consulate it would have been likely to have arranged a lawyer who would have advised the accused man to limit his statements to the police. As it was, the Mexican authorities were never informed of his arrest.
In other words, he did what most crooks do. They incriminate themselves to the police. Police probably had some evidence and a hunch, not enough to arrest (non custodial) at that point, and the crook cracked. From what little I've seen, this was an open and shut case. I don't see where a Mexican consulate would have changed that.
He can't pardon for state crimes.
Go ahead and get it done, this man has been lawfully convicted, every minute he spends on death row is anther minute he is a burden to the people of Texas and an affront to Justice.
The demands of his home country don’t matter. It doesn’t matter where your from, in Texas no man is above the law!
AFAIK the Vienna Convention has not been ratified. If so, it holds no force of law.
What laws did you take an oath to protect and defend, you lying jug-eared Marxist?
FUBO!
But Obama is such a pansy he won't do it.
President Calderon BASHES Arizonas SB 1070 and Gets Standing Ovation!
http://www.youtube.com/watch?v=asCfc_Vx-9A
That was the ‘Jose Medellin’ case, that the International Court looked at in 2008.
He was executed on August 06, 2008 for his part in the murder of Elizabeth Pena and Jennifer Ertman.
The US Justice that provided his opinion voiced that the US (and Texas) could do what they wanted with the killer). The US Justice on the ICJ (International Court of Justice) at that time was Justice Buergenthal. The bulk of the ICJ thought he should not be executed (of course).
The US Supreme Court ruled Texas could execute him regardless - since the ICJ rulings are nothing more that opinions (at least to the US).
Medellin was one of several ‘defendants’ that raped and killed 2 young girls. One of the girls did not die after beatings and stabbings, and the attackers actually broke a belt in attempts to strangle her - with each person pulling on each end of the belt as it was wrapped around her neck.
They ended up stabbing her again, repeatedly, until death.
Oddly, even the very liberal Houston Chronicle printed scores of editorials stating this guy should be put to death. That should tell you how brutal the murder was.
George W Bush knew that Medellin would be executed, and that even the ICJ Justice at The Hague would agree - so he let it go to the Internaional Court even though Texas said they would execute Medellin no matter what the decission was.
President Bush was not going to stop the execution.
Period.
Furthermore, it was a slap in the face to Dems and Libs everywhere that Justice Buergenthal at the ICJ thought that Texas could execute anyone that met the criteria under Texas law.
I remember I had a Southern Comfort and a ‘Cubano’ cigar when he was executed. Unless you have a very strong stomach, do not read about the attack on those poor girls.
The Mexican government, of course, officially protested after Medellin was executed.
There are multiple threads on FR.
Query for title: Medellin
Excellent point
Good
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.
******
Poor Leal. Hasn't he been punished enough? I mean, he was in fear when he saw those bubbles!
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