That's the title of Diane Jennings article in today's Dallas Morning News. LINK
Fourteen years and numerous judicial reviews have passed since José Medellin was sentenced to die after confessing to the brutal gang rape and murder of two teenage girls in Houston.
That's long enough, state officials say. It's time to carry out the sentence.
But defense attorneys, and an unusual coalition of federal officials, including no less than the attorney general and secretary of state, say if his Aug. 5 execution is not stayed, so Mr. Medellin's case can be reviewed one more time at the behest of the International Court of Justice, Texas will be rushing to judgment and endangering Americans abroad.
"Put simply, the United States seeks the help of the State of Texas," Attorney General Michael Mukasey and Secretary of State Condoleezza Rice wrote Texas Gov. Rick Perry in a letter released by defense attorneys.
Federal authorities are scrambling to bring the U.S. into compliance with the Vienna Convention, a treaty signed decades ago giving jurisdiction to the world court in cases concerning consular access. The world court first called for additional review for dozens of Mexican citizens condemned to die without access to their consular officials in 2004 and repeated the call in another decision July 16.
"We respectfully request that Texas take the steps necessary to give effect to the ...decision," the June letter says.
President Bush tried to resolve the issue three years ago by ordering states to review the cases of 51 Mexican nationals on death row, including Mr. Medellin, as directed by the International Court. But the U.S. Supreme Court ruled earlier this year that Mr. Bush overstepped his authority and that individual states are not bound by the international court decision.
The Supreme Court ruling cleared the way for Harris County prosecutors to seek an execution date for Mr. Medellin.
But two weeks ago, a bill was introduced in Congress by Reps. Howard Berman, D-California, and Zoe Lofgren, D-California, to require states to come into compliance with the International Court order. Defense attorneys and officials are pushing to delay Mr. Medellin's execution until that bill can be considered.
"Texas has an obligation to abide by this commitment of the United States just like everybody else, and Texas should allow Congress an adequate time to pass the legislation," said Donald Donovan, Mr. Medellin's attorney.
Concern about the impending execution and its possible ramifications is so high that a group of state department officials traveled to Texas to lobby the governor's general counsel. Some international law experts say Americans traveling abroad who are arrested may suffer if the U.S. does not abide by the treaty.
Earlier coverage of the World Court ruling is here. More on Medellin I and Medellin II, via Oyez.org. Earlier coverage of Medellin v. Texas (Medellin II) is here. The legislation in the U.S. House of Representatives, H.R. 6481 -- the Avena Case Implementation Act of 2008, is here.
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