LF: Obama Administration seeks to halt Texas execution of Mexican national, Humberto Leal Garcia

Title: Obama Administration seeks to halt Texas execution of Mexican national, Humberto Leal Garcia
Source: NY Daily News
URL Source: http://www.nydailynews.com/news/pol ... _national_humberto_leal_g.html
Published: Jul 2, 2011
Author: Aliyah Shahid
Post Date: 2011-07-02 22:32:44 by Sebastian
Keywords: None
Views: 7736
Comments: 11

Texas Dept. of Criminal Justice

This 1995 booking photoe shows Humberto Leal Garcia. The UN human rights office called July 1, 2011 on the US state of Texas to spare the life of a Mexican death row inmate convicted of rape and murder, as there were questions about whether he had a fair trial.

The Obama Administration is taking the unusual step of trying to halt the execution of a Mexican citizen who has been sentenced to die for the brutal kidnapping, rape and murder of a 16-year-old girl more than 16 years ago.

U.S. authorities want to delay Humberto Leal Garcia's execution --scheduled for Thursday -- for up to six months to give Congress time to consider legislation that would directly affect his case.

The federal government rarely intervenes in state death penalty cases.

Leal, a 38-year-old from Monterrey, Mexico, wasn't told he could contact the Mexican consulate after his arrest-something his lawyer's argue is mandatory under international law.

The U.N. High Commissioner for Human Rights Navi Pillay has also appealed to Texas Gov. Rick Perry to call off the lethal injection.

"The lack of consular assistance and advice raises concerns about whether or not Mr. Leal Garcia's right to a fair trial was fully upheld," said Rupert Colville, Pillay's spokesman.

The legislation would allow federal courts to review cases of condemned foreign nationals.

Last week, a U.S. District judge refused to stop the execution, and earlier this week the Texas Court of Criminal Appeals denied Leal's appeal and motion for a stay of execution.

Leal, who has lived in the United States since he was two years old, was sentenced to death in the 1994 rape and killing of Adria Sauceda of San Antonio.

The two met at a party, and at some point the teen, who was intoxicated, was placed in Leal's car and the two drove off.

A half hour later, Leal's brother showed up at the party and yelled that Leal had arrived home with blood on him, saying he had killed a girl. Police found Sauceda's nude body on a dirt road.

She was strangled and had bite marks on her body that matched Leal's teeth, according to prosecutors.

Leal is one of 51 Mexican nationals on death row in the U.S. who were never informed of their rights, according to the International Court of Justice.

The Obama Administration says in a 30-page brief that going ahead with the execution would result in “irreparable harm.”

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