Stay Rejected for Girl’s Mexican Killer

Allan Turner, Houston Chronicle, July 5, 2011

Texas thumbed its nose at the White House and the United Nations on Tuesday as it cleared the way for Thursday’s execution of Humberto Leal Garcia Jr., a Mexican national who was denied access to his nation’s consulate after being arrested for a San Antonio rape-murder.

The Texas Board of Pardons and Parole’s 4-1 rejection of Leal’s bid for a 180-day reprieve marks the second time in four years that Texas has resisted national and international calls that it observe the U.N.’s Vienna Convention on Consular Relations, which guarantees foreign defendants contact with their governments’ representatives.

His fate now rests with the U.S. Supreme Court, which is considering a stay of execution request from the Obama administration.

Leal, 38, was sentenced to die for the May 24, 1994, murder of 16-year-old Adria Sauceda. The girl was found naked on a rural road in San Antonio after being raped and then bludgeoned with a chunk of asphalt.

{snip}

Tuesday’s parole board decision to deny a reprieve came despite a June plea from six former diplomats urging the stay be granted. In a letter to Perry and the board, they warned that the security of Americans detained on charges while traveling or living abroad depends on signers of the Vienna Convention–including the U.S.–honoring their treaty obligations.

{snip}

If the Mexican-born Leal, who has lived in the United States since age 2, is executed, it will mark the second time in four years that Texas has defied international demands that it observe the Vienna Convention.

In August 2008, the state executed Mexican citizen Jose Medellin for the 1993 strangulation of two Houston teenagers, Jennifer Ertman and Elizabeth Pena.

“Texas is not bound by a foreign court’s ruling,” Cesinger said. “The U.S. Supreme Court ruled in 2008 that the treaty was not binding on states and that the president does not have authority to order review of cases of foreign nationals on death row in the U.S.”

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  • Question Diversity

    Spot the irony time.

    Mr. Garcia’s parents illegally moved him from Mexico to the United States at the age of two. That should be a hint.

    Here’s the answer:

    President Obama wants de facto (in fact, already has de facto thanks to an executive order), and de jure (the proposed DREAM Act in Congress), wants to treat people like Mr. Garcia, involuntarily and illegally brought into the United States as small children, as American citizens so they can get free education and welfare goodies.

    If they can effectively be citizens in that regard, then they can be effective citizens such that they’re really not “illegal aliens” such that the Vienna Convention does not apply, and therefore they can be executed for murders they commit.

    By the way, didn’t Mr. Garcia have a public defender? Are only attorneys hired by foreign consulate offices competent enough to tell criminal defendants that “the right to remain silent” is very valuable? (Hint: Casey Anthony) And Mr. Garcia lived at liberty in the United States from 1975 and 1994, between the ages of 2 and 21 — At some point, he had to have been told about “the right to remain silent” and why it’s so important. He copped to the murder because he wanted to.

    ***

    Unfortunately, this execution will probably fuel the Rick Perry for President campaign. I also remember Geo. W. Bush, while he was Governor of Texas, at about this point in time relative to the 2000 Presidential campaign, allowing an execution to happen that was “controversial,” (I think the doer was black), and that helped fuel his rise to the top.

  • Anonymous

    The fear is that Americans abroad will be treated worse when accused and incarcerated. Having seen the Amanda Knox frame-up in Italy, I doubt that his execution could make foreign countries treatment of Americans in legal situations worse.

  • flippityfloppity

    So when a foreign national crosses our borders we are expected to swaddle him in Old Glory and recognize his inalienable rights as if he were a natural born citizen. Except, of course if he has been arrested, prosecuted and convicted of a death penalty offense. Then we need to recognize his place of origin and ensure he has the opportunity to contact his (foreign) consulate.

  • boogieboogie

    The US Supreme Court Voted 5-4,it is not as if they were not aware he was convicted and was going to be put to death a long time ago.He may holler Viva Mexico but it about time we stand up for RIGHT or WRONG,no gray.Do the crime ,Do the time!

  • the Soviet Republic of New Jersey

    If they need an Executioner, I volunteer to do it for them.

  • the Soviet Republic of New Jersey

    If they need an Executioner, I volunteer to do it for them.

  • White, Jewish, and Proud

    Update: He was executed today, seventeen years after the fact.

  • Anonymous

    Well, they executed him. Before the execution, he shouted “Viva Mexico!” Twice. Touching to think that after spending his entire adult life in the US, he still loved the motherland.

    After 17 years in the can (at $50k/year?), all the legal costs, and the tremendous international push to spare him, I believe the total dollar amount expended on him exceeded $2 million.

    It would be interesting to know if the victim was also an illegal. On the bright side, I’m sure La Raza can put a smiley face on this with all the increased money Obama has given them.

    Our country has truly gone crazy.

  • Ex Liberal

    So basically these “former diplomats” are saying that we should cave in to fears that Mexico is going to retaliate against American tourists. Well, if an American in Mexico rapes and murders a Mexican girl, I assume he’ll get what’s coming to him. I should be worried about that? I say bravo, Texas. At least there’s one state where the people have the courage to stand behind their values and their justice system.

  • olewhitelady

    First: Anonymous #2:

    Let me say that, after reading two books and numerous pieces of information about Amanda Knox, I fail to see any “frameup” by the Italians. Whatta ya think about the Casey Anthony verdict?

    Second: to the serious concern at hand: the Supreme Court has caused a lot of societal upheaval in this country. To me, getting away from its power would be one of the best arguments for secession. (I hope my fellow lovers of European culture have no intention of having ANOTHER Supreme Court, other than those governing states within a new confederacy!)

    Anyway, going by precedent–if they actually do that this go-around–the Court should find that informing the consulate would have made no difference in the finding of guilt of this man and will thus let the execution go forward. Hopefully, they will simply refuse to hear the case.

  • RealityCheck

    The only persons in this country who are immune to OUR laws are diplomats. Is this guy a diplomat? Then what’s the problem? Do you think that if a white American raped and murdered a 16 year old in Mexico that they wouldn’t execute him? Please.

  • June

    This animal died with the words, “Viva Mexico” on his lips. He’s lived here since the age of two. Shouldn’t this show those who want to hand out citizenship to these people that to their dying day, literally, their loyalties will remain with that hell hole south of our border?

  • Anonymous

    I worked with a man that came to Texas from Mexico when he was 8 years old, educated with a college degree. He was blatantly anti American and pro Mexican.

    I asked him once; why don’t you just go back and live there? His response was that eventually all the border states would be surrendered to Mexico because the white Americans do not have the courage to stand against Mexicans.

    I like to think that the white race will eventually come together for our own good but must admit that all I see is more divide and and conquer tactics being used by our own “dear leaders”.

  • Anonymous

    Question Diversity, I think you’re remembering Karla Faye Tucker who was white. This was controversial because she was a woman and became an outspoken convert to Christianity. A lot of people from the religious right, and even Pope John Paul II, disagreed with the decision to execute her…anyway, that’s the only controversial execution that I remember in Texas at the time.

  • GetBackJack

    I’ve always believed that when you are in a foreign nation, you are obligated to follow its laws. And if you don’t, then you should surely be subjected to their punishments!

  • A former Texas

    Hoorah! Rick Perry should have pleasantly told Mr. Nosy Bama that since he didn’t see fit to offer aid to Texas when it practically burned down, that he has no right in asking for anything, let alone something that is truly none of the business of the national government. However, he might consider doing something that is the responsibility of the President and Congress, like say, border security.

  • margaret

    Manchurian candidate Obama is involved in this. Why should we be surprised? He is a product of the 1920 to present time black male communist woman breeding program designed to produce an Obama.

    NewsDomestic Terrorist Bernadine Dohrn At The Heart Of Humberto Leal Garcia Case

    Mrs. Bill Ayers is Sandra L. Babcock’s law partner. Babcock was Leal’s counselor. Together they concocted the scheme to try and get Leal to skate using some ridiculously hypocritical slight of hand, and Obama was their puppet.

    As per her academic research and this movement, Babcock is now claiming that the police failed to inform Leal of his right to Mexican consular support when he was arrested. Allegedly, this failure violated the rules of the International Court of Justice at the Hague: Leal, as a “Mexican national,” should have simply been able to call “his” embassy and the entire mess — the body, the rock, the stick, the bloody clothes, et. al. could be whisked away like some New Guinean ambassador’s parking tickets.

    But there’s one little problem: Humberto Leal has lived in the United States, apparently illegally, since he was two. Talk about wanting it both ways: Leal was an American until the moment he murdered Adria Sauceda. That changed in the brief space between bashing in a young girl’s head and wiping down the doors of his car. Now he’s a “Mexican national,” a term everyone from the President to the New York Times to “human rights” organizations (Leal’s rights, not Sauceda’s) is using with no irony and no explanation, as they lobby to cloak a killer in layers of special privileges while simultaneously lobbying to prevent police from inquiring about immigration status.

    Get it? The police will have to determine if someone is a foreign citizen in order to offer them consular rights, but they’ll also be forbidden to ask if someone is a foreign citizen in the interest of not discriminating against illegal immigrants, a lovely Catch 22 dreamed up by academics. This cliff we’re careening towards is permanent demotion of Americans’ legal rights on their own soil. If President Obama, his friend Bernadine Dohrn, and Jimmy Carter get their way, the police are going to find their hands tied in ten different ways, and our criminal justice system will soon be utterly subservient to whatever the hell they dream up at the U.N.

    Expect more Humberto Leals.

  • Question Diversity

    13: I remember her, and I also remember the local black obsessive on St. Louis talk radio complaining about him letting the execution of her go forward, aka “how can you believe in family values and yet kill a grandmother.” As if it’s so rare that a woman has children who in turn procreate — I didn’t know being a grandmother exempted you from criminal responsibility. But at about that time, a black man also got the drip in Texas, and again the civil rights crowd was yelling for Bush to make it stop.

  • Pelayo

    — olewhitelady wrote at 7:16 AM on July 8:

    “First: Anonymous #2:

    Let me say that, after reading two books and numerous pieces of information about Amanda Knox, I fail to see any “frameup” by the Italians. Whatta ya think about the Casey Anthony verdict?”

    I tend to agree. Remember that there was a Mau Mau component at that crime scene.

    Black male + White female= Dead White female or to put it more mathematically: BM + WF = DWF

  • werner

    -olewhitelady wrote at 7:16 AM on July 8:

    “First: Anonymous #2:

    Let me say that, after reading two books and numerous pieces of information about Amanda Knox, I fail to see any “frameup” by the Italians…”

    If one of the books you read was “Angel Face” by Barbie Nadeau, of course you wouldn’t see the frameup. Also much of what is on the Internet about the case is not reliable. Meredith Kercher was murdered by the African drifter Rudy Guede, and no one else. Guede was caught burglarizing the Kercher house which she shared with several roommates including Knox. Apparently she came home unexpectedly and surprised the burglar and paid with her life. Guede slashed her throat and sexually assaulted her while she lay bleeding to death. No surprise there. A simple and familiar story made complicated because of a prosecutor with an overactive imagination and some opportunistic media types. Anyone who wants to know the facts about the Kercher case and the reasons Knox was framed should go to the injustice in Perugia website, which will give you plenty of information.

    My own involvement in the case began a year ago when I started reading comments on various sites. I was struck by the frequency with which Knox’s race and ethnicity were targeted by hostile commenters. Too often was she referred to as “blue-eyed devil,” “over-privileged White girl” or “German-American princess.” Some said that even if she is innocent she should be in jail to atone for the alleged sins of American foreign policy. Amanda Knox, innocent of any crime, was horribly treated by the Perugian authorities with the passive complicity of American officials. She received no help at all from the American consulate and no one thinks the present administration in Washington has any intention of offering any assistance.

    In light of the failure of consular officials to provide any aid to Knox, I fail to see any need to think that the Garcia case will make her plight worse. How could we ever be foolish enough to think that any Vienna Convention would apply to an American girl of German ancestry in the first place?