Texas Execution Carried Out Despite Appeals

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updated Jul 19, 2011

By Author - LawCrossing

Prior to Leal's execution, the White House asked the Supreme Court to suspend the execution for up to six months while Congress considered legislation that would potentially halt the execution of Leal and other foreign nationals who were convicted of capital crimes without ever receiving diplomatic representation. ''The legislation would give Mr. Leal an opportunity to demonstrate that with consular assistance, he likely would not have been convicted, let alone sentenced to death,'' said Sandra Babcok, one of Leal's attorneys. The Mexican government, military officials, and other diplomats also supported Leal's efforts to obtain a review of the case.

In a brief submitted to the Supreme Court, the Obama Administration said that if the execution were to proceed, the US would be placed in ''irreparable breach of its international law obligation'' under the Vienna Convention. The brief further stated that such a breach could jeopardize the lives of Americans who were being held outside the US.

However, in a 5-4 ruling, the Supreme Court rejected the appeal. ''We are doubtful that it is ever appropriate to stay a lower court judgment in light of un-enacted legislation. Our task is to rule on what the law is, not what it might eventually be,'' the court said in an unsigned opinion.

Texas Governor Rick Perry also rejected the appeal following the denial of Leal's request for a reprieve from the Texas Board of Pardons and Paroles. Perry could have suspended the execution for 30 days but declined to do so, based largely on the viciousness of the crime against Sauceda, who was sexually assaulted and bludgeoned with a 35-40 pound rock.
United States

Stephen Hoffman, an assistant attorney general for Texas called Leal's argument ''nothing but a transparent attempt to evade his impending punishment.'' Others argued that the Vienna Convention is not meant to provide protections for nationals like Leal, who had lived in the US since the age of two-years-old and should be familiar with the judicial system here.

''A technicality doesn't give anyone a right to come to this country and rape, torture, and murder anyone,'' said Sauceda's mother, Rachel Terry.
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