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Old 07-07-2011, 05:20 PM
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Jeanfromfillmore Jeanfromfillmore is offline
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Mexican National Executed in Texas, Despite International Pressure
The Mexican National who was convicted of the brutal rape and killing of a teenage girl in 1995, died Thursday evening by lethal injection at a Texas prison.
Efforts by Humberto Leal's attorneys to halt the execution fell short, with the U.S. Supreme Court turning back a stay request and Texas Governor Rick Perry refusing to grant a pardon.
President Obama, the State Department and Mexican authorities have all asked Texas for a last-minute reprieve, citing the U.N.-enforced 1963 Vienna Treaty, which requires foreign nationals who are arrested in foreign countries the right to access their consulates.
The U.S. Supreme Court denied a Mexican man's request, calling his argument meritless.
In a 5-4 decision an hour before the execution, the majority wrote, “We have no authority to stay an execution in light of an “appeal of the President,” presenting free-ranging assertions of foreign policy consequences, when those assertions come unaccompanied by a persuasive legal claim.”
After the decision, Sandra L. Babcock, an attorney for Leal, issued a statement linked to Twitter, saying her client will "suffer the consequences" of the U.S. stumbling on its commitment to rule of law.
"He will be executed tonight," she writes."Despite the fact that his right to consular assistance was violated."
Leal, who moved to the U.S. as a toddler, contended police never told him he could seek legal assistance from the Mexican government under the treaty -- and that such assistance would have helped his defense.
Adria Sauceda, 16, his victim, was found naked by authorities, according to court documents.
"There was a 30- to 40-pound asphalt rock roughly twice the size of the victim's skull lying partially on the victim's left arm," court documents read. "Blood was underneath this rock. A smaller rock with blood on it was located near the victim's right thigh.”
A "bloody and broken" stick roughly 15 inches long with a screw at the end of it was also protruding from the girl's vagina, according to the documents.
Prosecutors said Sauceda was drunk and high on cocaine the night she was killed, and that Leal offered to take her home. Witnesses said Leal drove off with her around 5 a.m. Some partygoers found her brutalized nude body later that morning and called police.
In his first statement to police, Leal said Sauceda bolted from his car and ran off. After he was told his brother had given detectives a statement, he changed his story, saying Sauceda attacked him and fell to the ground after he fought back. He said when he couldn't wake her and saw bubbles in her nose, he got scared and went home.
Last Friday, the Obama administration asked the U.S. Supreme Court to stop Texas from executing Leal, asking the court to delay the execution for up to six months to give Congress time to consider legislation that would enforce the U.N. treaty.
Congress had three years to pass the bill but did not. Hence, it was impossible to pass a bill that would spare Leal unless a stay is ordered. A 30-day stay granted by Perry is another potential way for Leal to avoid execution on Thursday.
Attorney General Eric Holder and Secretary of State Hillary Clinton have said if Texas disregards the treaty, it may have consequences for American citizens arrested abroad.
But the state of Texas appears to bristle at the idea of a foreign body affecting judgments in the state, even though President George W. Bush endorsed the U.N. ruling.
"Texas is not bound by a foreign court's ruling,” Katherine Cesinger, press secretary for Gov. Perry's office, said in a statement Wednesday. "The U.S. Supreme Court ruled in 2008 that the treaty was not binding on the states and that the president does not have the authority to order states to review cases of the then 51 foreign nationals on death row in the U.S."
For 16 years, Leal has exercised his right to file appeals and motions so extensively, one judge in federal district court called his case "one of the most procedurally convoluted and complex habeas corpus proceedings" he ever reviewed.
Meanwhile, in San Antonio, Adria's father, Rene Sauceda, reportedly begins each morning by reading a South San Antonio High School newspaper clipping from May 25, 1995 -- just after the first anniversary of his daughter's death.
"I look at that every day," Sauceda, 64, told the San Antonio Express-News. "Her friends paid to have that put in the newspaper. She had so many friends."

Read more: http://www.foxnews.com/us/2011/07/07...#ixzz1RT6anZi4
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Old 07-08-2011, 07:37 PM
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Jeanfromfillmore Jeanfromfillmore is offline
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Media Lobby for Life of Killer-Rapist
“Mr. Leal, convicted of murder during a sexual assault, had grossly incompetent legal representation. If he had been given access to a Mexican diplomat, he would have had a chance at better counsel and likely the opportunity to strike a plea deal, avoiding the death penalty.”
So said The New York Times in a June 17 editorial about convicted rapist-murderer Humberto Leal.
Just before his execution, the Times quoted the Associated Press as saying, “In his last moments, Mr. Leal repeatedly said he was sorry, and shouted twice, ‘Viva Mexico!’”
What the AP reported was that he said, “I have hurt a lot of people. … I take full blame for everything. I am sorry for what I did.”
So, in other words, he was guilty as hell. But this had been proven beyond any doubt. Nevertheless, for Leal to shout this from his death bed was extremely newsworthy and egg in the face of those in the media who had designed their coverage in a manner sympathetic to his well-deserved plight.
The Times story was headlined, “Mexican Citizen Is Executed as Justices Refuse to Step In.” In fact, he was an illegal alien in the U.S., as the shouts of “Viva Mexico!” attest. He was executed in the U.S. not because he was here illegally, but because his crimes were committed here.
This is the killer that the Times wanted to be able to avoid the death penalty. His victim was a 16-year-old girl, Adria Sauceda. He raped and killed her, obliterating her face and head with a chunk of asphalt, and then left a large stick in her that he had used to sexually assault her.
The Obama Administration intervened to save his life, calling it a “stay of execution.” It wanted the Supreme Court to let him live at least until Congress decided to pass Democratic Senator Patrick Leahy’s bill, the Consular Notification Compliance Act. The copy of the bill on Leahy’s website didn’t even have a number, meaning that it was not a serious piece of legislation. Not even listed on the “legislation” page of Leahy’s website, it was subsequently assigned S. 1194 and has no co-sponsors. Clearly, he introduced the bill in order to facilitate the activities of the left-wingers anxious to exploit the case for the purposes of creating a massive miscarriage of justice.
Incredibly, in a move that is even more questionable than the jury verdicts in the Casey Anthony case, the Obama Administration asked for the killer’s life to be spared so that the Supreme Court could preserve “its potential future jurisdiction” in the case. This is actually in the brief.
The Supreme Court ruled against Obama. It said that “…we are doubtful that it is ever appropriate to stay a lower court judgment in light of unenacted legislation. Our task is to rule on what the law is, not what it might eventually be.”
So why would the Obama Administration go to such drastic and absurd lengths to save the life of an illegal alien killer?
The answer provided by crime blogger Tina Trent, an advocate of victims’ rights, is that Obama’s constituency demanded it. This is the part of the story the Times, The Washington Post, and other liberal media refuse to tell. These “progressives,” many funded by George Soros as part of the “anti-incarceration” movement, believe criminals are the real victims and that international law should supersede national law.
As Trent revealed, Leal’s attorney, Sandra Babcock, has been funded by the government of Mexico and works at Northwestern University Law School with former communist terrorist Bernardine Dohrn.
Dohrn had participated in a 2003 conference, sponsored by all of the major liberal groups, on how to force U.S. courts to use international law and U.N. treaties in place of laws passed by Congress and state legislatures.
Incredibly, the bomber Dohrn, a friend of Obama’s and former fundraiser for him, is now accepted by the progressive community as an advocate for families and children and spoke on this subject at the conference. They raised a child, Chesa Boudin, whose parents, fellow members of the Weather Underground, went to prison for murder. He became a cheerleader for the Hugo Chavez regime in Venezuela and took Dohrn and her husband, fellow terrorist Bill Ayers, on “educational” tours of Venezuela.
The treaty at issue in the Leal case had never been implemented by the Congress. The Obama Administration argued that the treaty should be observed because legislation to implement it might be passed by Congress, even though the Leahy bill to do so, introduced on June 14, had no co-sponsors. This would be comical were it not so tragic. It was a fraud on the courts.
One of the participants in that conference, with Dohrn, was Harold Koh, whose name appears on the cover of the Obama brief in the Leal case. Koh is now the State Department legal adviser.
Other names include:
• Donald B. Verrilli, Jr. Solicitor General
• Lanny A. Breuer, Assistant Attorney General
• Michael R. Dreeben, Deputy Solicitor General,
• Eric D. Miller, Assistant to the Solicitor General, and
• Sarah H. Cleveland, Counselor of International Law, Department of State.
The story is not a “Mexican national” being executed in violation of a treaty that has never been implemented. That is a bad enough version of the story. The story is that the “progressive” community, with some Republican dupes, wanted to have the courts implement a treaty, in the absence of congressional action, so that international lawyers and their media allies could use Leal to press their ultimate objective—abolition of the death penalty in the U.S. I wrote about this campaign over 10 years ago, in a report entitled, “Saving the Lives of Killers, Traitors, and Spies.”
And yet the Supreme Court rejected this ploy only by a 5-4 vote. This is as shocking as Leal’s in-your-face acknowledgement of his crimes and tribute to Mexico.
http://www.aim.org/aim-column/media-...-killer-rapist
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