Obama tries to stop execution in Texas of Mexican killer

[jamesrage]

Bush failed at tossing Mexico's salad and so will Obama.

Obama tries to stop execution in Texas of Mexican killer | World news | The Guardian
President Barack Obama is attempting to block the execution in Texas on Thursday of a Mexican man because it would breach an international convention and do "irreparable harm" to US interests.

The White House has asked the US supreme court to put the execution of Humberto Leal Garcia on hold while Congress passes a law that would prevent the convicted rapist and murderer from being put to death along with dozens of other foreign nationals who were denied proper access to diplomatic representation before trials for capital crimes.

The administration moved after the governor of Texas, Rick Perry, brushed aside appeals from diplomats, top judges, senior military officers, the United Nations and former president George W Bush to stay Leal's execution because it could jeopardise American citizens arrested abroad as well as US diplomatic interests.

Leal, 38, was convicted in 1994 of the rape and murder of a 16-year-old girl in San Antonio. Few question that he was responsible for the killing but the Texas authorities failed to tell Leal, who was born in Mexico and has lived in the US since the age of two, that under the Vienna convention he was entitled to contact the Mexican consulate when he was arrested.

Leal's lawyers argue that the lack of consular access played a role in the death penalty being applied because the Mexican national incriminated himself in statements made during "non-custodial interviews" with the police on the day of the murder. Had Leal had access to the Mexican consulate it would have been likely to have arranged a lawyer who would have advised the accused man to limit his statements to the police. As it was, the Mexican authorities were never informed of his arrest.

 

[tessaesque]

Irreparable harm? Announcing that we screwed up a major surveillance mission and put more guns into the hands of cartels, our border agent shooting and killing an attempted illegal immigrant who was standing on Mexican soil (for throwing rocks), and many border states telling illegals (and Mexico by proxy) that we're gonna send 'em home and make their lives hell while they're here....that isn't causing this "irreparable harm" we're speaking of? Mexico's president wants to call America out for not being humane to illegal immigrants while he keeps police and military impotent and unable to protect Mexican citizens from drug cartels and abject poverty. This man didn't get to talk to somebody at the consulate. Big freakin' deal.

 

[Indieman]

Obama was doing his job. We have international agreements and the arrested have rights. Rick Perry ignored the law and our agreements. He seems to be in the wrong here. I know some people think emotional satisfaction of punishing a criminal is more important than due process though.

 

[SlackMaster]

Obama was doing his job. We have international agreements and the arrested have rights. Rick Perry ignored the law and our agreements. He seems to be in the wrong here. I know some people think emotional satisfaction of punishing a criminal is more important than due process though.

How dare you try to stifle ignorant rage with logic and facts ;-)

 

[liblady]

Irreparable harm? Announcing that we screwed up a major surveillance mission and put more guns into the hands of cartels, our border agent shooting and killing an attempted illegal immigrant who was standing on Mexican soil (for throwing rocks), and many border states telling illegals (and Mexico by proxy) that we're gonna send 'em home and make their lives hell while they're here....that isn't causing this "irreparable harm" we're speaking of? Mexico's president wants to call America out for not being humane to illegal immigrants while he keeps police and military impotent and unable to protect Mexican citizens from drug cartels and abject poverty. This man didn't get to talk to somebody at the consulate. Big freakin' deal.

yes, well, remember that when our citizens are denied that right abroad.

 

[tessaesque]

yes, well, remember that when our citizens are denied that right abroad.

Travel at your own risk.

Anybody remember Amanda Knox? How about any of the slew of journos that have been arrested, detained indefinitely, or killed at the hands of governments who don't respect diplomatic relationships? I won't be the first person screaming about an American treated "unfairly" in another country. It isn't U.S. soil, I don't expect the same protections to exist.

 

[Temporal]

Even if Obama fails it's important that he tries. We are losing a lot of face with the Mexican government and the rest of the world by denying the prisoner his consulate rights.

Texas has proven once again that all it cares about is itself and it won't cooperate with the rest of the union on this one.

 

[StillBallin75]

Travel at your own rick.

Anybody remember Amanda Knox? How about any of the slew of journos that have been arrested, detained indefinitely, or killed at the hands of governments who don't respect diplomatic relationships? I won't be the first person screaming about an American treated "unfairly" in another country. It isn't U.S. soil, I don't expect the same protections to exist.

I travel with my own rick all the time.

 

[liblady]

Travel at your own rick.

Anybody remember Amanda Knox? How about any of the slew of journos that have been arrested, detained indefinitely, or killed at the hands of governments who don't respect diplomatic relationships? I won't be the first person screaming about an American treated "unfairly" in another country. It isn't U.S. soil, I don't expect the same protections to exist.

i think amanda knox was guilty. that aside, we are supposed to be the civilized country, right? that perry ignored EVERYONE on this tells us what kind of a president he would be though..........

 

[tessaesque]

Even if Obama fails it's important that he tries. We are losing a lot of face with the Mexican government and the rest of the world by denying the prisoner his consulate rights.

Texas has proven once again that all it cares about is itself and it won't cooperate with the rest of the union on this one.

Are you serious? The government who refuses our help in fighting back drug cartels? Who have police and military defecting to drug cartels? Who do nothing to stop the violence of drug cartels? The government who refuses to promote growth in it's own states and encourages its people to illegal enter the U.S.? The same government who refuses to cooperate in almost all ways with our efforts to create comprehensive plans for diminish violence and illegal immigration? That's who we're worried about losing face with? The government that wants to criticize the US left and right while simultaneously encouraging the rush of illegal immigrants is the country we worried about losing face with? Because a man that raped and killed a young woman was convicted prior to stating he was a Mexican national?

 

[tessaesque]

I travel with my own rick all the time.

Damn it, fixed.

 

[tessaesque]

i think amanda knox was guilty. that aside, we are supposed to be the civilized country, right? that perry ignored EVERYONE on this tells us what kind of a president he would be though..........

The SC said that there was no reason to stay the execution. He ignored them, too, eh?

 

[jamesrage]

i think amanda knox was guilty. that aside, we are supposed to be the civilized country, right? that perry ignored EVERYONE on this tells us what kind of a president he would be though..........

Yeah one that does toss the salad of globalist scum.


IN case you are wondering what tossing the salad means.
http://www.urbandictionary.com/define.php?term=tossing the salad

 

[jamesrage]

yes, well, remember that when our citizens are denied that right abroad.

What countries other than those that are dictatorships and hostile to Americans denied our citizens the right to a fair trial?

 

[Kal'Stang]

Leal, 38, was convicted in 1994 of the rape and murder of a 16-year-old girl in San Antonio. Few question that he was responsible for the killing but the Texas authorities failed to tell Leal, who was born in Mexico and has lived in the US since the age of two, that under the Vienna convention he was entitled to contact the Mexican consulate when he was arrested.

But..but but...!!! The guy has been here since he was TWO! What need has he of the Mexican consulate! He should be an American citizen!!! Isn't that what all the pro-illegals state? That anyone whose parents brought them here at such a young age should be given amnesty because they've lived thier whole lives here and might as well be considered Americans? Amazing how that disappears in a case like this.... People are quite willing to let these people stay totally ignoring the law until something happens that they happen to disagree with. Then its all about following the law.

Leal's lawyers argue that the lack of consular access played a role in the death penalty being applied because the Mexican national incriminated himself in statements made during "non-custodial interviews" with the police on the day of the murder. Had Leal had access to the Mexican consulate it would have been likely to have arranged a lawyer who would have advised the accused man to limit his statements to the police. As it was, the Mexican authorities were never informed of his arrest.

The guy was in not in custody?

1: Anyone thats lived in the US since the age of two would know that if you're not in custody you don't have to talk to the police beyond telling them your name and address. The Mexican consulate would not have been able to tell this guy anything new.

2: As far as I know no consulate needs to be talked to if thier national citizen is not in custody.

 

[Kal'Stang]

I have one more question....Why is it that this just became an issue AFTER the trial? Surely at some point in the proceedings this guy would have had a lawyer right? Why didn't the lawyer make sure that all of this guys "rights" were followed?

 

[Belgarath]

I think some people are slightly confused. The matter is extremely simple: he either was read his Miranda Rights in a language he could understand, or he was sent to the Mexican consulate immediately upon being captured. If neither of those actions was undertaken, the government of Texas is 1. Idiotic and 2. In big trouble. I agree with all the people who think he should have already been a citizen, and I think the death penalty should be upheld- but it can't be and I understand that. I would rather the US image was maintained and justice was served through the proper courses of action then that I get a feeling of satisfaction knowing that a criminal has been dealt with.

 

[Objective Voice]

I travel with my own rick all the time.

"I'm Rick James, b****!" Love that line!! :lol:

 

[Bodi]

Even if Obama fails it's important that he tries. We are losing a lot of face with the Mexican government and the rest of the world by denying the prisoner his consulate rights.

Texas has proven once again that all it cares about is itself and it won't cooperate with the rest of the union on this one.

We are losing face with the Mexican government? Don't make me laugh... :lol:

 

[Kal'Stang]

I think some people are slightly confused. The matter is extremely simple: he either was read his Miranda Rights in a language he could understand, or he was sent to the Mexican consulate immediately upon being captured. If neither of those actions was undertaken, the government of Texas is 1. Idiotic and 2. In big trouble. I agree with all the people who think he should have already been a citizen, and I think the death penalty should be upheld- but it can't be and I understand that. I would rather the US image was maintained and justice was served through the proper courses of action then that I get a feeling of satisfaction knowing that a criminal has been dealt with.

Someone that is being charged with a crime is never sent to thier consulate, the consulate however is informed that we have one of thier citizens in custody and the consulate does its duty.

In this case the Mexican consulate is saying that we did not inform them that this peson had been talked (asked questions) to before he was in custody, on the same day of the murder. What I am figuring happened is that they did a little investigating, this guy's name came up and they went to talk to him like they would in any other investigation. The guy at the time was not in custody when they talked to him.

The guy had lived in the states since he was two years old. As such he more than likely spoke perfect american english. The guy probably didn't inform them that he was here illegally, more than likely either because he was afraid that he would be deported, or because maybe he didn't know that he was here illegally (dependant on if his folks told him or not). If the guy had not had a prior run in with the police his name would not be in any database that could show that he was here illegally with the normal quick run through that is normally done at first to check criminal history. Cops normally don't check a persons citizenship status until after they are in custody or if there is a reason to think that the person they are checking is here illegally. As such the cops had no reason to think that they had to inform the Mexican Consulate. At least I would bet that this is what happened and this is just being glossed over.

 

[Patrickt]

Obama was doing his job. We have international agreements and the arrested have rights. Rick Perry ignored the law and our agreements. He seems to be in the wrong here. I know some people think emotional satisfaction of punishing a criminal is more important than due process though.

Bad news, Slackmaster, but there is neither logic nor fact in the post above. There were no rights violated, Constitutional or by treaty. The issue was that Mr. Leal did not get to see a consul. By law and treaty agreement if he asks to see a consul he gets to see a consul. He didn't ask. In fact, it was never brought up at trial. Only when they were appealing the death sentence and had a President who always sides against the U.S. did they suddenly decide this was an issue. Quite appropriately, it didn't work.

Some say it had something to do with his Miranda Rights not being read to him in Spanish. Nope. He did not see a consul because he didn't ask to. From what I've read about the case, I'm not sure they needed to read him his Miranda rights.

Before the execution Mr. Leal confessed, apologized, and said he took full responsibility. It's a shame others can't do that.

 

[Patrickt]

What countries other than those that are dictatorships and hostile to Americans denied our citizens the right to a fair trial?

I assume you mean other than the U.S. American citizens are absolutely denied a right to a fair trial when they're victims. A mother and her three-year old daughter were murdered. A man was arrested, advised of his rights, his room was searched and clothing soaked in the victims blood was found along with a gore covered knife. The man was interrogated and confessed. He was sentenced to life. Then some attorneys challenged the arrest. The court held the officers had insufficient cause to make the arrest so the search incident to arrest and the confession were all suppressed. The man was released.

How fair was that to the victims?

Then the man, not surprisingly, killed another woman and was sent to prison again.

How fair was is release to the victim in the second incident.

When asked if they felt any responsibility for the second murder the lawyers said, "Absolutely none. We were just doing our job."

Fine. But, how fair was all this to the first woman murdered and her three-year old daughter and the second woman murdered.

 

[jamesrage]

I assume you mean other than the U.S. American citizens are absolutely denied a right to a fair trial when they're victims. A mother and her three-year old daughter were murdered. A man was arrested, advised of his rights, his room was searched and clothing soaked in the victims blood was found along with a gore covered knife. The man was interrogated and confessed. He was sentenced to life. Then some attorneys challenged the arrest. The court held the officers had insufficient cause to make the arrest so the search incident to arrest and the confession were all suppressed. The man was released.

How fair was that to the victims?

Then the man, not surprisingly, killed another woman and was sent to prison again.

How fair was is release to the victim in the second incident.

When asked if they felt any responsibility for the second murder the lawyers said, "Absolutely none. We were just doing our job."

Fine. But, how fair was all this to the first woman murdered and her three-year old daughter and the second woman murdered.

This has nothing to do with what other countries besides dictatorships and those hostile to Americans deny Americans abroad the right to a fair trial.