Last-minute appeals in Texas as Mexican’s hour of execution nears

Humberto Leal due to die despite protests from lawyers, Mexican ambassador and the White House The planned execution on Thursday of a Mexican national in Texas 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 US and Americans detained in other countries. Humberto Leal, 38, is awaiting a ruling by the US 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. Leal’s lawyers contend that Texas authorities did not tell him 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 defence. Leal moved to the US as a toddler. Leal’s lawyers 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 lawyers told the Texas board of pardons and paroles in a clemency request that was rejected on Tuesday. “Unfortunately, Mexico’s assistance came too late to affect the result of Mr Leal’s capital murder prosecution.” 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 US solicitor general told the court that Congress needed time to consider legislation that would allow federal courts to review cases of condemned foreign nationals. The legislation, backed by the US state department and the UN, would bring the US into compliance with provisions in the Vienna convention on consular relations regarding the arrest of foreign nationals. Lower courts have already rejected the pleas, agreeing with the Texas attorney general’s office that the legislation does not apply because it has not been signed into law. At least two similar measures have already failed in Congress. “Leal’s argument is nothing but a transparent attempt to evade his impending punishment,” Stephen Hoffman, an assistant attorney general for the state of Texas, told the supreme court. Arturo Sarukhan, Mexico’s ambassador to the US, has written to congressional members and Texas officials calling attention to the case and urged the governor of Texas, Rick Perry, to stop the execution. Perry had the authority to issue a 30-day reprieve but made no decision while the courts remained involved. Prosecutors said that on the night Sauceda was killed, she was drunk and high on cocaine at an outdoor party in San Antonio and was assaulted by several males. Leal said he knew her parents and would take her home. Witnesses said Leal drove off with Sauceda around 5 am. Her body was found later that morning. Her head had been battered with a chunk of asphalt and there was evidence that she had been bitten, strangled and raped. Leal, a mechanic, was identified as the last person seen with her. He was questioned and arrested. A witness testified that Leal’s brother appeared at the party, agitated that Leal had arrived home bloody and saying he had killed a girl. Leal admitted being intoxicated and doing wrong but said he was not responsible for what prosecutors alleged. The question of protection for foreign nationals under the international treaty is not new. President George W Bush in 2005 agreed with an international court of justice ruling that Leal and 50 other Mexican-born inmates nationwide should be entitled to new hearings in US courts to determine if their consular rights were violated at the time of their arrests. The supreme court later overruled Bush. In 2008, José Medellín, who had been sentenced to death for participating in the rape and murder of two Houston teenage girls, raised a Vienna convention claim similar to the one pending for Leal. It failed and he was executed. Capital punishment Texas United States Mexico guardian.co.uk

Posted by on July 7, 2011. Filed under News, Politics, World News. You can follow any responses to this entry through the RSS 2.0. You can skip to the end and leave a response. Pinging is currently not allowed.