Editors Note: Here is another example of President Obama speaking out on an issue when he should keep his mouth closed. This is an issue for The Supreme Court to intervene if necessary, based on the facts of the case not because the President has asked them to act. The Texas Governor and the Supreme Court the potential intervening authorities in this case.
2 July 2011 VOA News
The Obama administration has asked the U.S. Supreme Court to stop Texas from executing a Mexican citizen convicted of raping and killing a 16-year-old girl.
U.S. Solicitor General Donald Verrilli made the request Friday involving Humberto Leal Garcia, who is scheduled to be executed on July 7.
Earlier this week, Leal’s lawyers asked the U.S. Supreme Court to grant a stay of his scheduled execution.
They filed a petition saying Texas authorities violated Leal’s rights under the Vienna Convention by not giving him proper access to Mexican consular officials after his arrest in the 1990s.
Leal, a 38-year-old native of Monterrey, Mexico, was later sentenced to death by a Texas court.
In 2008, the U.S. Supreme Court ruled against Jose Medellin, a Mexican national who was later executed. The court rejected an argument by Medellin’s lawyers that his right to consular aid under the Vienna Convention had been violated.
The U.S. reinstated use of the death penalty in 1976. Texas has since executed more than four times as many prisoners as any of the other 49 states.
Obama not worried about Justice for Family but that execution could cause irreparable harm” to US interests
WASHINGTON — The US government’s top lawyer urged the Supreme Court on Friday to spare the life of a Mexican death row inmate, saying his execution would cause “irreparable harm” to US interests.
Humberto Leal Garcia, 38, is scheduled to die in Texas on July 7, but Mexico maintains he was not given proper consular access, a violation of the Vienna Convention. Leal was accused of raping and murdering of a 16-year-old girl in 1994, and was convicted four years later.
“This case implicates United States foreign policy interests of the highest order,” US Solicitor General Donald Verrilli wrote in an amicus brief to the top court.
Mexico ‘Demands’ a reprieve
The Mexican government filed a friend-of-the-court brief with the Supreme Court Tuesday that demands Humberto Leal Garcia be given a reprieve from the death penalty.
He has been sentenced to die July 7 by a Texas judge after he was convicted in 1995 of raping and murdering a 16-year-old girl in San Antonio.
The Mexican government’s brief says the execution of Leal would violate the Vienna Convention of Consular Rights because he was not allowed to seek legal advice from his embassy before he was convicted.Read more: AHN.
Some folks are calling this racial but the Federal Judge is Orlando Garcia
Federal Judge Won’t Stop Texas Execution of Mexican National
A federal judge has refused to stop the upcoming execution of a Mexican national convicted of the 1994 rape-slaying of a 16-year-old San Antonio girl.
Humberto Leal, 38, a native of Monterrey, Mexico, faces lethal injection July 7 in Huntsville, Texas.
Leal’s attorneys argued his punishment should be blocked because he wasn’t told he could contact the Mexican consulate for legal help after his arrest for the murder of Adria Sauceda. They also said a bill introduced this month in Congress would allow federal courts to review cases of condemned foreign nationals.
U.S. District Judge Orlando Garcia ruled Wednesday the consulate claim was “utterly lacking in arguable merit.”
He also said the measure introduced June 11 by Vermont Sen. Patrick Leahy was “a mere proposal” and that similar attempts have failed twice in recent years.
“It is not an enactment of new law,” Garcia said.
Update: 7/7/2011 – Humberto Leal Garcia was put to death by Lethal Injection just after 7 pm
Update 7/7/2011 Supreme Court refuses stay of Texas execution
By a 5-4 vote along ideological lines, the Supreme Court has just refused to stay the execution of convicted killer Humberto Leal Garcia, a Mexican convicted of the rape and murder of a 16-year-old girl in 1994. The Obama Administration, citing concerns over U.S. interests and treaty obligations, had asked the court to delay the execution, scheduled for 7 p.m. Eastern Time tonight.