Texas Plan to Execute Mexican May Harm U.S. Ties Abroad, Kerry Says

Manny Fernandez, New York Times, December 12, 2013

The scheduled execution next month of a Mexican national by the State of Texas threatens to damage relations between the United States and Mexico and complicate the ability of the United States to help Americans detained overseas, Secretary of State John F. Kerry has warned Texas officials.

The Mexican, Edgar Arias Tamayo, 46, was convicted of shooting and killing a Houston police officer who was taking him to jail after a robbery in 1994. Mr. Tamayo, who was in the nation illegally, was not notified of his right to contact the Mexican Consulate, in violation of an international treaty known as the Vienna Convention on Consular Relations. That violation, an international tribunal’s order for his case to be reviewed and a judge’s recent decision to set Mr. Tamayo’s execution for Jan. 22, are now at the center of a controversy that has attracted the attention of the State Department and the Mexican government.

Edgar Arias Tamayo

Edgar Arias Tamayo

Despite Mr. Kerry’s involvement, there has been no sign that Texas officials plan to delay the execution. On Wednesday, Mr. Tamayo’s lawyers asked Gov. Rick Perryto grant him a 30-day reprieve and petitioned the Texas Board of Pardons and Paroles to commute his death sentence to life in prison. They are using Mr. Kerry’s letter, sent to Texas officials in September, to highlight the international issues at stake.

In 2004, the top judicial body of the United Nations, the International Court of Justice, ordered the United States to review the convictions of Mr. Tamayo and 50 other Mexican nationals whose Vienna Convention rights, it said, were violated and who were sentenced to death in the United States. The international court, also known as the World Court, found that United States courts had to determine in each case whether the violation of consular rights harmed the defendant. In the nine years since the World Court’s decision, no United States court has reviewed the Vienna Convention issues in Mr. Tamayo’s case, said Maurie Levin, one of his lawyers.

In a letter sent to Mr. Perry and the Texas attorney general, Mr. Kerry took the unusual step of weighing in on a state death-penalty case, arguing that Mr. Tamayo’s execution would affect the ability of the United States to comply with the international court’s order in what is known as the Avena case. The World Court’s judgment is binding on the United States, Mr. Kerry wrote, and complying with it ensures that the federal government can rely on Vienna Convention protections when aiding Americans detained abroad.

{snip}

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  • D.B. Cooper

    Well, I live in Texas, and we say, “Who gives a flying sombrero what Mexico thinks?”
    If you are a Mexican, and you do not want the death penalty, I suggest commit your murders elsewhere, like New York or California.

    • Indeed; I think the operative phrase here is “Don’t commit murders in Texas.”

      • Non Humans

        As Ron White so eloquently put it: “If you kill somebody in Texas, Well we’ll kill you back!”

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          • Evelyn Bailey probably makes $72 weekly performing interracial “professional services” in cheap motel rooms of sort rented by the half-hour, in East Saint Louis, Illinois.

          • me

            Evelyn Bailey should quit spamming websites and get a real job. Oh, yeah, the Mexican squat monsters took all the jobs.

          • Whitetrashgang

            Hell I will pay her 75 dollars for the whole week and she can have sunday off.I wonder what her aunt charges?

    • A Freespeechzone

      F**k Mexico…. Execute this murderer ASAP.

    • Pro_Whitey

      God bless Texas!
      And Kerry, you schmuck, if a U.S. national is being held abroad and we think unjustly, then you speak softly and carry a big stick. That’s what would persuade the Mexicans and most other countries. Air strikes and Marines, if necessary.
      And why should Mexico be so concerned? He looks like a white hispanic to me.

  • Spartacus

    Mexico… Is that the country who’s economy is based entirely on yours, and whose population would fall by half if you ceased all trade with them for a few years ? Why would you care about it ?

    • Greg Thomas

      We don’t.

    • So CAL Snowman

      Mexico’s economy has actually been steadily growing thanks in large part to the United States warehousing of 35 million+ incompetent, useless mexian eaters. The U.S. takes the absolute WORST of Mexico’s population and subsequently Mexico does not feel the drain of 35 million+ low IQ peasants. Imagine how much more unstable Mexico would be if these 35 million+ peasants were still in Mexico. They would probably be employed by the drug cartels at this point.

      • Greg Thomas

        That’s right. Remember, America is mexico’s welfare system.

        • RisingReich

          Soon to be the World’s welfare system – that’s when the charade ends…..

      • MBlanc46

        That’s the price, or part of the price, that we pay for NAFTA.

    • Katherine McChesney

      That’s Roman Catholic country. Why doesn’t the church do something about their criminals instead of bringing them here to commit their crimes?

      • me

        Because they’re part of the globalist agenda.

      • Alexandra1973

        Didn’tcha know? So long as you tell all to a priest and say a few hail Marys and lick a few crosses on the floor, you’re good to go!

        Our Constitution is anathema to the Vatican. This isn’t just a race war, it’s a religious war as well.

  • Massif1

    Is Mexico giving United States advise on Human Rights violations? Maybe they should teach their own citizens on how stay back in Mexico and not commit violent crimes.

    • DudeWheresMyCountry?

      Or at least teach them to stay back in Mexico. Ya right! The contrary. I’d be embarrassed if I came from a country where everyone wants to go somewhere else (North) for “a better life.”

    • Whirlwinder

      Mexico does not give the USA “advise” on anything.

      • I sorta noticed that. They seem to always make “demands” instead.

        • Zaporizhian Sich

          Which Is why we should execute him in a horrible manner, and fling his corpse from a plane over Mexico.

  • DudeWheresMyCountry?

    Cry me a rio. He killed an American, a peace officer. A phone call to a Mexican run office isn’t going to change the gravity of that. I say let’s get that dead Mexican man walking.

    • saxonsun

      “Cry me a rio!…!” Love it.

  • MekongDelta69

    Well, damn – we wouldn’t want to mess up our foreign relations, now would we?

    Solution:
    Put Kerry in the Chair; let Tamayo pull the switch; let the U.S. cry to the almighty ‘World Court’ (who Kerry thinks incorrectly that their ‘judgment is binding on the United States’) that a ‘foreign national’ killed a ‘high and mighty’ U.S. Official; and the almighty ‘World Court’ will sentence Tamayo to death (because the ‘World Court’ just can’t let any riff-raff go around killing ‘high and mighty Officials,’ because that’s what they are – and they could NEVER put THEMSELVES in danger).

    “Freedom for me, but not for thee”
    “Diversity for thee, but not for me”

    See how this works?

    • me

      Right you are! Socialism of the globalist kind. Kerry is an elitist of the highest order, that bows down to foreign and alien powers and has no qualms about trading away the United States, it’s sovereignty, it’s resources, and it’s people for a few bucks. After all, his ancestors made their living off of forced opium ‘sales’ to the Chinese rulers–and help start the Opium Wars. It must be nice to be able to live without a conscience, morals, scruples, ideals, loyalty, or any other virtue of a righteous man, just for the chance of making a few dollars. These people are psychopaths!

  • Greg Thomas

    More vibrant diversity from south of the border I see. I have news for you “relations” between the Unites States and mexico are already “damaged,” in large part, because mexico continues to send their trash north.

  • Luca

    If I were Gov. of Texas, I would agree with Mexico’s request, but only under the condition that Mexico reimburses us for every Mexican national now held anywhere in the Texas judicial system, retroactive to when they entered the system and to include all those incarcerated in the future.

  • Who Me?

    Oh boo hoo, Mr Tamayo’s rights were violated? Well, isn’t that just too bad? Seems to me he pretty thoroughly violated the rights of the policemen he killed. (Sarc/off)
    We need to apply the death penalty to every illegal who kills an American citizen, and tell Mexico to go pound salt. (“Hey, Pedro! Kill one of us, and we kill YOU!)
    Oh and while we are on the subject of Mexicans, put an immediate STOP to the sending of millions and millions of U.S. dollars into Mexico every week. U.S. money sent to relatives left in Mexico from those working in the U.S> actually provides the second largest source of foreign income for the entire country south of our “border”.

    • RisingReich

      We need to apply the death penalty to every illegal PERIOD.
      Quickest way to stop them from coming is to STOP catering to them.

    • mobilebay

      Sounds good, Who Me?, but we surredered to Mexico a long time ago. Our government grovels before this third world. We need another “Greatest Generation” that would take care of this travesty in no time. Illegals would be sent packing, all funding to Mexico would stop and our border would be secured. But that takes courage and patriotism, and Washington sadly is lacking in both qualities.

      • MBlanc46

        The overwhelming proportion of Mexicans in the US, legal and illegal, are not employed in Washington. They’re employed all over the country in agribusiness, meatpacking, hospitality, construction, day labor, and other industries.

  • Move the execution up and slam the plunger down that syringe.

    • Alexandra1973

      Actually I’m all for Old Sparky, if it’s still in use.

      • Public hangings would have the biggest impact.

  • Greg Thomas

    In the end, I suspect Edgar Arias Tamayo will suffer far less than he deserves. Certainly less than the police officer he murdered. Proceed….

  • Ragehol .

    Don’t these dirtbags ever “accidentally” die in custody anymore? How about we whoopsie daisy a few of these felons instead of paying 25 grand a year on the White man’s dime to incarcerate Hispanic felons.

    • RisingReich

      That would be ‘uncivilized’ – but I ask everyone – can you really fight barbarians with ‘civility’?

  • Alexandra1973

    May harm US ties? Who’re you kidding?

    Mexico has pretty well declared WAR on us by permitting–even encouraging–its citizens to invade!

    • MBlanc46

      The Mexicans have plenty of collusion from the US employer class.

      • Alexandra1973

        In which case they should be tried for treason.

  • Strike_Team

    We have so many killers here in SoCal who are illegals from Mexico that it defies logic. Never mind the “native born” Mexicans who are just as violent. Yeah, set the precedent, let the “World Court” save this bean-dog. Then we can have Mexico howl and have all the others freed. What does it matter? Here in CA these animals sit on death row for 15 – 17 years before being executed. I’m surprised that this monster has lasted so long in Texas. Texas is usually much quicker than CA in getting rid of these creatures, even though the system is far too slow there also. And the hell with John Kerry. His family’s name isn’t even Kerry. Fake Irish name to gain votes in MA.

    On a side note, one has to be very careful at all times around “hispanic” perps. They will charge straight for your gun with little hesitation. They will sometimes try to lull you into thinking that things are under control, and then make a move on your holster.

  • DonReynolds

    This same crap came up when Bush was president. Even though Bush was a former Governor of Texas, he could not stop the execution. But…..hey…….I am sure they will bow and scrape for John (the Traitor) Kerry. Expect Texas to tell him to take flying screw at the moon.

  • DonReynolds

    The article does not mention that the illegal alien, being in the US illegally is not entitled to Vienna Convention protections and may be considered a criminal invader. But hey….if there are any Americans illegally in another foreign country…..be sure to treat them the same way if they kill a police officer while in custody.

    • Pro_Whitey

      I like the Israeli term of “infiltrator”. The guy’s an invader out of uniform, and killing civilians. That makes him a bushwhacker. Put him up against the wall and shoot him.

      • Zaporizhian Sich

        Indeed any armed citizen should upon encountering the likes of this criminal invader shoot to kill.

  • Romulus

    I take no pleasure in reading stories of a ONE WORLD GOVERNMENT. I would rather that my predictions from earlier in the year be inaccurate.

    As for the illegal cop killing trash….. Boil him in steaming excrement.

  • Katherine McChesney

    From looking him he has Michael Jackson’s skin disease.

    • Probably was running a small meth operation that blew up.

    • itdoesnotmatter

      Good catch. It looks as if it is probably just that: Focal Vitiligo, a loss of melanin caused by a dysfunction of melanocytes in the skin. Usually occurs in dark skinned people.

      May be caused by stress, virus, injury, several other factors. Treatment options may be UVL, topical corticosteroids, total depigmentation, [as in M.J.’s case], or if it’s focal, as this man’s, repigmentation with darkening chemicals.
      I vote no treatment.

      • alexqzed

        Sorry. You don’t know what you’re talking about. Vitiligo occurs in people of all skin colors. It’s most visible in dark skinned people…

  • odious liberal

    Ok then, just chop his head off.

  • “… was not notified of his right to contact the Mexican Consulate … ”

    This is awful. Just horrible. Had they been contacted, the people at the Mexican Consulate would have … would have … I dunno, they would have … never mind..

    • MBlanc46

      They would have gotten to it manana.

      • … while humming “Que Sera, Sera”.

        • MBlanc46

          Yes, indeed.

  • Isn’t it odd. Mexicans demand that we honor their laws when it comes to prohibiting capital punishment, but not when it comes to immigration law enforcement. How can we possibly know which Mexican laws apply to us and which don’t?

  • If turning off this ugly, vicious creep with an injection of the “Goodbye Juice” harms our relations with Mexico, does that mean they will stop sending their unskilled, illiterate, criminals into our nation as invading, parasitical colonists?

    • IstvanIN

      Aren’t you a chemist by trade, or were, one thing has always made me wonder: why do they worry so over execution by lethal injection being painful? I have had several surgeries over the course of my life and whenever I was anesthetized I never felt a thing. So why would a person being executed feel anything if they were put under? Perhaps you can explain.

      • I doubt they do feel anything anymore. The procedure used to be an overdose of barbituates, along with an injection of potassium chloride to stop the heart muscle. This created some problems administering the death penalty to murderers who had previously been addicted to hard drugs and had developed a tolerance for them; the barbituate injection didn’t have the desired effect quickly enough in these cases, and the convict felt like he was having a heart-attack (one of my older friends survived a heart-attack and said it was quite painful).

        I believe now the drill is to simply overdose the offender on a larger injection of barbituates, leaving out the potassium chloride. My understanding is that the Humane Society and private practice vets destroy terminally ill, unadoptable and vicious animals the same way. The new method is probably a fairly pleasant way to go; I’ll bet it beats cancer, diabetes, and a number of the other things that kill people.

        • rowingfool

          Whatever happened to decapitation and catapulting their severed heads back over the border fence with siege engines?

          Sometimes ye olde ways were the best ways.

          • rowingfool

            Oh, and by the way Michael, I enjoyed your response to my post on an earlier thread wherein you detailed your adventures in constructing crossbows and such. Sounds like you may also have perused the interesting book “The Crossbow” by Sir Ralph Payne-Gallwey.

          • I ordered that book in hardback as the 1995 tenth edition from E & R Hamilton. It’s one of the great ones. The schematics diagrams inside were an enormous help.

          • Alexandra1973

            I believe hanging and firing squads are effective.

            Wasn’t Utah the last state to use a firing squad? I believe that’s how Gary Gilmore was executed back in the 70s.

          • If I remember correctly, back then the Utah death penalty was a variety of different methods, one of which was a firing squad, and the condemned was allowed to pick one.

            It’s a pity they didn’t allow convicts the option of picking several; an exciting game of “one-upsmanship” might have resulted, and Utah taxpayers might have had the satisfaction of knowing that the really “macho” serial-killers might pick “shot while hanging” or “electric chair while inside a gas chamber”.

        • Pro_Whitey

          I once read an article on nitrogen asphyxiation, the idea that you could sit a guy down in a small chamber then turn the atmosphere in the chamber into pure nitrogen. Because most of our air is nitrogen, the body supposedly does not recognize anything wrong. The perp supposedly passes out, and after some time dies from lack of oxygen. I’m neither a chemist, a biologist, nor a doctor, so I don’t know if it really works that way, but that seems as painless as you could get.

          • IstvanIN

            I have read the same thing. The nitrogen replaces the oxygen in the blood but for some reason doesn’t trigger an asphyxiation response.

          • Not sure why the body doesn’t notice anything wrong with N2 asphyxiation, but it sure works. I remember in the late 1980s some NASA technicians were smothered with N2 and died doing some space shuttle prep work. Apparently those poor guys never knew what hit them.

          • Zaporizhian Sich

            Argon can kill you the same way, several people died of suffocation entering a space flooded with argon with a leaking hose at a shipyard I worked at. THAT is why I do not enter a confined space unless I know it has been tested. I will not go in after someone if I see him down in a tank and he’s dead or unconscious, that’s how three more people died after they saw the first one at the bottom of a tank aboard ship. I would instead contact the rescue teams and inform them what has happened, then get out of their way. Nitrogen is often used at shipyards too.

        • IstvanIN

          Thanks for the response.

        • itdoesnotmatter

          Michael in California, execution protocol involves an injection of succinyl choline dichloride, a potent curare-like neuromuscular relaxant that paralyzes the respiratory muscles, but does not alter consciousness. [This drug is administered in the O.R. routinely for major surgeries, the patient intubated, bagged, artificially respired by the anesthesiologist].
          Though the drug is administered after a prisoner is anesthetized, some opponents of the death penalty fear a prisoner may feel its effects via inability to breathe, ergo deemed this cruel and unusual punishment. Another popular argument used to stay executions is an IV addict’s blown veins, requiring multiple sticks. Again, too cruel. AWWW.
          Known to be one who can insert a line in anyone, blown veins notwithstanding, I am quite willing to offer my services.

          • A death penalty “patient” experiencing fear? Hmmmm. My “give a rip” circuitry seems to be on the fritz again. That said, death penalty convicts shouldn’t be spared needless suffering for their own sake, but for the benefit of the jurors who are summoned from their jobs and homes to make these decisions for our courts. They deserve to be able to execute the law and then return to their lives with clean consciences.

          • Zaporizhian Sich

            Then give the likes of this monster something laced with cyanide or VX so he can die like the cockroach he is.

        • Zaporizhian Sich

          A death without pain is something they do not deserve, they should be gassed with agents such as VX or cyanide gas so they can spasm and gasp for breath as they strangle to death.

          • Unfortunately, I suspect we would see more juror nullification that way.

          • Zaporizhian Sich

            We should engage in jury nullification as well when whites are on trial for defending themselves from Mexican terrorism.

  • MBlanc46

    I hope someone in a position of authority in Texas tells the International Court of Justice to kiss his coat-tails.

  • Sick of it

    “The World Court’s judgment is binding on the United States, Mr. Kerry
    wrote, and complying with it ensures that the federal government can
    rely on Vienna Convention protections when aiding Americans detained
    abroad.”

    Is this a joke? If we don’t send in the military to blow the thugs away and rescue our people overseas, they usually end up dead.

    • It is not binding on the United States because while the Clinton administration signed the paper, the US Senate never ratified it as a treaty. A non-ratified piece of waste paper has no legal authority to force the state of Texas to do anything at all.

  • Fighting_Northern_Spirit

    I worked for a Public Defender for a while and we used this legal argument every so often. I don’t think it ever went anywhere, not because it failed on its merits but because it’s pretty rare for anyone to be added to death row in California these days. The DA would settle for life in prison rather than push for death. But I remember our argument went like this: we can’t afford to alienate Mexico because they could stop honoring our extradition requests. That never struck me as particularly strong – if Mexico refused to deport one of their nationals to face justice in this country…well, good. Don’t we have enough of their citizens clogging up our prisons already?

    • Mexico already never honors extradition requests in death-penalty cases, and usually does not in life-sentence cases.

  • cockhopperzsuck

    Screw Kerry and Mexico.

  • me

    Screw Mexico, their barbaric, lawless, racist and moral-less people, their corrupt communist government, and their communist President Nieto, If the USA had as stringent laws against illegal immigrants, we’d be doing quite well. But, of course, it’s all part of the elitist agenda for a NEW WORLD ORDER.

  • me

    Well, the United States ‘government’ has managed to enrage every country in the world, so why not Messico as well?

  • Albert Anastasia

    Not only a cop killer but an illegal cop killer at that, yet WE are wrong to put this idiot to sleep .. Kerry with that big ass head of his, should be ashamed of himself ,but I know he won’t because he’s a libtard ..

    • dwpittelli

      Well, that’s a legitimate way to look at it. And I don’t think any US figures are claiming he’s anything but a scumbag. But if you ever go on a vacation to Mexico and find yourself railroaded into jail, this case might be the reason for it.

  • Joseph

    “The scheduled execution next month of a Mexican national by the State of Texas threatens to damage relations between the United States and Mexico…”
    GOOD.

  • Extropico

    Well, we wouldn’t want to imperil our relations with Mexico; they might decide to invade us.

  • Alexandra1973

    There ya go, kick off a Mexican “Boycott Texas” campaign.

    Boycott the entire Southwest while they’re at it….

  • obot

    Mostly blacks

    • Unfortunately, our courts have already ruled that we can not subject welfare recipients to random drug tests. Corporations are entitled to do this to their employees. The military is entitled to do this to service members and civilian contractors. The taxpaying public, however is not entitled to do this to welfare parasites.

  • obot

    Give him some gringo juice and send his corpse back to Mexcrement.

  • William Allingham

    at the very moment he entered illegally he can be grateful of any trace of right he might have been given, how can mexicans be so shameless? anyway the corrupt government of mexico are the ones who should be executed, they have committed more crimes, ohh wait theres the answer to my question (how they can be so shameless? because they are criminals themselves)

  • Perhaps the State of Texas should auction the creep’s remains on eBay to help defray the costs of trying and jailing him. It is certain, after all that the Mexican government won’t offer to pay these, and sympathetic European limousine liberals are still obssessed with their sordid Mumia Jamal fantasies. The various parts could be impregnated in clear resin and encased in more of it, so as to preserve them.

  • M&S

    No. Don’t send in the drones. Don’t call the Marines. Leave the Army out of it.
    Let them rot.
    It is not ours to support a narco kleptocracy that screams racism every time we try to secure our sovereign borders _just like they do theirs_, yet has a ‘color continuum’ that is 10% white ruling 30% Mestizo with 60% dark skinned Indians at the (very) bottom of the heap.
    If stupid-rich Americans want to wander into a drug war that is being fought between DTOs and their bribe collectors in the Government, let them go. Get jailed. Get dead. Get out of the White Gene Pool.
    I feel exactly the same way about Americans in the rest of the Third World. They want to be there, they get the joys of being on their own, for real.
    The less we act like people’s minders, the less they will look to us to let them in when their own countries go to pieces. The sooner the S-Rs see what the Third World is really like, the sooner we get a functioning border security system which puts the lock on the door without condition of amnesty.

  • Zaporizhian Sich

    He should be executed Russian style, where an officer enters this thug’s cell, pulls a gun and shoots him between the eyes without warning. He was an illegal alien who murdered a cop, he shouldn’t have lived to see the inside of a jail.

  • Zaporizhian Sich

    A hostile illegal alien invader like this cop killer should never have lived long enough to see anything other than the inside of a cardboard coffin, after other police officers shot and killed him. He should have been killed on sight, without a trial or due process, two fundamental rights they most definitely WILL take from all of us. Screw relations with Mexico, that hell hole of a country is by all definition a very bad and even more hostile neighbor!

    • Unfortunately, this creep was just behaving like any other Mexican. The problem lies not just with him, but also with the treasonous libtards who have deliberately cultivated a sense of entitlement in Mexico’s public. “Come to the United States illegally. Collect food stamps. Rape underage girls. Sell drugs. Get in-state college tuition rates. Put low-skilled American citizens out of work. Drive drunk without insurance on our roads.” The result is a population of alien colonists who believe they are exempt from our laws, including the laws about shooting folks.

      • Zaporizhian Sich

        Of course, that is why their enabler should meet the same fate.