Texas urged to halt Mexican Humberto Leal's execution

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Texas urged to halt Mexican Humberto Leal's execution

El Regio
Should Texas stop the execution?


Texas urged to halt Mexican Humberto Leal's execution

The Obama administration has urged Texas to delay the execution of a Mexican man, saying it would put the US in breach of international obligations.

Humberto Leal Garcia, 38, faces lethal injection on Thursday for the rape and murder of a 16-year-old girl in 1994.

He was not told he could have access to Mexican consular officials, in violation of the Vienna Convention.

The parole board refused to halt the sentence and Texas Governor Rick Perry has indicated he will not intervene.

A state department spokeswoman said that the federal government had filed a brief on Friday with the US Supreme Court, supporting Leal's argument for a stay of execution until the end of the year.

"The imminent execution of petitioner would place the United States in irreparable breach of its international law obligation," US Solicitor General Donald Verrilli wrote in the brief.

It would have "serious repercussions for United States foreign relations, law enforcement and other co-operation with Mexico, and the ability of American citizens travelling abroad to have the benefits of consular assistance in the event of detention".

The Obama administration wants a delay to allow Congress to consider legislation covering foreign nationals who were not given proper consular access before being tried for crimes that carry the death penalty.
'Heinous crime'

The Mexican government says it regards the planned execution as a violation of international law.

"This is about the right that each person has under the Vienna Convention to be able to enjoy the support of their country of origin when they face criminal proceedings in a foreign country," the Mexican Foreign Ministry said.

Leal, who moved to the US when he was a small child, is one of 51 Mexican nationals on death row who were the focus of a 2004 ruling by the International Court of Justice (ICJ).

The court said that their convictions should be reviewed because they were denied consular access.

President George W Bush told Texas officials they should comply with the ICJ order but the Supreme Court ruled that he had overstepped his authority.

In August 2008, Texas, which argued that its courts were not bound by the rulings of the ICJ, executed Mexican Jose Medellin.

With the Texas parole board's decision, Leal's fate now rests with Governor Rick Perry or the Supreme Court.

Mr Perry's office has said he has no plans to stop the execution.

"if you commit the most heinous of crimes in Texas, you can expect to face the ultimate penalty under our laws, as in this case," spokeswoman Katherine Cesinger said.

BBC News
"The Tea Bag Party has a 10-15% approval rating. Depending on who you ask. ja ja ja" The wise Ajulio.
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Re: Texas urged to halt Mexican Humberto Leal's execution

Chivis
Administrator
Here is the legal issue;

1.   there was not a denial of access the piece of shit never asked for access
2.   contact with the consular would have not altered the outcome, and IMO helps ZERO as
      consulars have no legal empowerment in a foreign country other than advisory at best
3.   SUpreme court has already took a like case under scrutiny see case:  In 2008, the case of Jose    
      Medellin, a Mx citizens convicted of rape and murder, on the same issue and the finding was
      in favor of the state and he was executed.

4.   The United States wants to comply with a 2004 ruling by the International Court of Justice that held  
       that the United States must review Leal Garcia's conviction and sentence
       to remedy earlier instances in which the Vienna Convention had not been honored
       in U.S. criminal cases.
3.   This will not affect Americans travelling abroad, especially after the international court ruling

IMO  on one hand I do not support the death penalty because in the US it lacks parity, fairness and is
tainted with an obvious racial component.  In theory i do support it in extreme cases or heinous crimes, such as this where the bastard raped the child repeatedly then took a 35 pound piece of cement and bashed her head to a pulp.

If Ted Bundy had been executed before his escape 12 women including a 13 y/o would not have died at his hands.  

from Perry's office:

"If you commit the most heinous of crimes in Texas, you can expect to face the ultimate penalty under our laws, as in this case, where Leal was convicted of raping and bludgeoning a 16-year-old girl to death," said Katherine Cesinger, a spokeswoman for Perry.


for you attys and legalese here is the case:

The Supreme Court case is: Humberto Leal Garcia v. State of Texas, Nos. 11A1, 11A2.

Good post Regio.  Obviously I followed the story; wondering if Obama would step in with his ultra liberal loafers and interfere with justice.  If we do not like the law we must fight and change the law which allows capital punishment, not attack, pick and choose indiviual cases
 
The way I see it.... the more people that don't like me, the less people I have to please
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Re:LAST WORDS? "VIVA MEXICO!" Texas urged to halt Mexican Humberto Leal's execution

Chivis
Administrator
In reply to this post by El Regio
OK Regio..here are his last words ..


In his last minutes, Humberto Leal repeatedly said he was sorry and accepted responsibility.

"I have hurt a lot of people. ... I take full blame for everything. I am sorry for what I did," he said in the death chamber.

"One more thing," he said as the drugs began taking effect. Then he shouted twice, "Viva Mexico!"
"Ready warden," he said. "Let's get this show on the road."
 
The way I see it.... the more people that don't like me, the less people I have to please
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Re: Re:LAST WORDS? "VIVA MEXICO!" Texas urged to halt Mexican Humberto Leal's execution

El Regio
lol I laughed when I heard he said "Viva Mexico".

"The Tea Bag Party has a 10-15% approval rating. Depending on who you ask. ja ja ja" The wise Ajulio.