"Texas Urged To Stop Mexican National's Execution," by Renee Montagne and Wade Goodwyn, is on NPR Morning Edition, today. You can listen at the link.
Nathan Koppel posts, "Rare Death-Penalty Case Becomes International Diplomatic Affair," at the Wall Street Journal Law Blog.
Humberto Leal Garcia Jr. is due to be executed this afternoon in Texas for raping and murdering a 16-year-old San Antonio girl in 1994.
But this is no ordinary death-penalty case. Instead it has turned into a dispute over international law that has prompted a rare plea from President Obama and his Solicitor General’s Office to delay the execution.
The issue is that Leal is a Mexican citizen and Texas law enforcement officials failed to tell Leal that the Vienna Convention afforded him the right to notify Mexican consular authorities about his arrest and to seek their help with legal representation.
The Obama administration is concerned that if the U.S. does not abide by its Vienna Convention duties then foreign governments may feel emboldened to ignore the consular rights of U.S. nationals abroad.
Here’s an article from the Atlantic and one from AP about the unusual death penalty case.
"White House seeks delay of Mexican man's execution," is the latest AP filing. I believe this link will update through the day. It's by Michael Graczyk.
The planned execution Thursday of a Mexican national has prompted a flurry of appeals on his behalf, including a rare plea from the White House, because of what it could mean for other foreigners arrested in the U.S. and for Americans detained in other countries.
Humberto Leal, 38, is awaiting a ruling by the U.S. Supreme Court on whether to block his lethal injection in Huntsville. He was sentenced to die for the 1994 rape and murder of 16-year-old Adria Sauceda of San Antonio.
The appeal contends that authorities never told Leal after his arrest that he could seek legal assistance from the Mexican government under an international treaty, and that such assistance would have aided his defense. Leal moved to the U.S. as a toddler.
Leal's attorneys have support from the White House, the Mexican government and other diplomats who believe the execution should be delayed so his case can be thoroughly reviewed.
"There can be little doubt that if the government of Mexico had been allowed access to Mr. Leal in a timely manner, he would not now be facing execution for a capital murder he did not commit," Leal's attorneys told the Texas Board of Pardons and Paroles in a clemency request rejected Tuesday. "Unfortunately, Mexico's assistance came too late to affect the result of Mr. Leal's capital murder prosecution."
President Barack Obama's administration took the unusual step of intervening in a state murder case when it asked the Supreme Court last week to delay Leal's execution for up to six months. The U.S. solicitor general told the court that Congress needed time to consider legislation that would allow federal courts to review cases of condemned foreign nationals to determine if the lack of consular help made a significant difference in the outcome of their cases.
CNN posts, "Mexican national awaits execution in Texas." It's by Bill Mears, CNN's Supreme Court Producer.
Gov. Rick Perry is expected to decide shortly whether to grant clemency or any delay in the execution of Humberto Leal Garcia, Jr. The Obama administration and international leaders overseas have asked for a reprieve on behalf of the inmate.
What makes Leal's conviction unusual is that he was not informed about the right to contact the Mexican consulate upon his arrest -- a right guaranteed under a binding international treaty. Leal's appellate lawyers argue such access could at the very least have kept Leal off death row.
Supporters of the Monterrey, Mexico, native say his fate could impact Americans traveling abroad who run into legal trouble.
Leal's likely last hope is with the Supreme Court, which is considering several appeals to delay the lethal injection, set for 7 p.m. ET at the Texas State Penitentiary's death chamber in Hunstville.
The state's Board of Pardons and Parole ruled that Leal did not deserve to have his death sentence commuted to life in prison without parole. Perry normally accept's the board's ruling when making his own decision, but he could grant a 30-day reprieve.
The justices will decide whether to issue a stay of execution, and whether to decide the broader legal question of what rights death row inmates from foreign nations deserve. If they intervene, the constitutional issues would be addressed by the high court in coming months, delaying Leal's execution.
National Journal carries, "A Texas Death Row Case With Implications for Foreign Policy and Presidential Politics. Texas Gov. Rick Perry is drawing heat from the international community and the Obama administration as he mulls a White House bid." It's by Chris Strohm.
The case of a Mexican man scheduled to be executed on Thursday in Texas threatens to disrupt U.S. diplomatic relations abroad and creates a politically volatile dilemma for Republican Gov. Rick Perry, who is considering a run for president.
Unless Perry or the U.S. Supreme Court intervenes to stay the execution, Texas plans to execute Humberto Leal Jr. at 6 p.m. Central Time for the 1994 murder of 16-year-old Adria Sauceda.
The International Court of Justice ruled in 2004 that the United States violated the rights of Leal and more than three dozen other Mexican nationals on death row because law enforcement officials didn’t advise them of their right to have consular access to officials from their home country under international law.
Some foreign-policy experts say executing Leal might have profound international consequences, and the Obama administration last week asked the Supreme Court to prevent Texas from doing so.
Perry, however, has shown no sign of backing down. And the case has thrust the conservative governor into the international spotlight as he weighs an entrance into the presidential race. That introduces politics into any decision he makes about Leal.
If he stays the execution, he runs the political risk of being called weak by conservatives. Allowing it to go forward, it could cast Perry as a staunch conservative who doesn’t give in to the demands of Washington and international pressure. But it also invites comparisons to former President George W. Bush, who was criticized for a go-it-alone approach on foreign policy.
Ironically, it was the Bush administration that recognized the international law guaranteeing foreign nationals consular access. In 2005, Bush ordered all states, including Texas, where he was the former governor, to comply with the law. Perry, who replaced Bush as the Lone Star State's chief executive, made Texas the only state not to comply.
More news at:
"Mexican National Inmate on Death Row Creates International Stir," by Edmund DeMarche at Fox News.
Jordan Smith posts, "U.S. Enters Death Row Fray,"for the Austin Chronicle.
Earlier coverage begins in the preceding post.
For more on the case, and a petition, go to the Humberto Leal website.
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