Lost in the dust of the national debt this week was a Texas execution. While every execution is an egregious violation of human rights, this was distinguished in its blatant disregard for not only human life but for the rule of law.
On Thursday, July 7, Texas executed Humberto Leal Garcia, a Mexican national, for the rape and slaying of a teenager. Crime aside, its retribution has only multiplied the wrongdoing. Both Garcia argued and the White House advocated for a Supreme Court stay on the grounds that he was denied help from his home country under international law. This application of due process could have potentially helped him to avoid the death penalty.
At issue was the fact that Mr. Garcia was a Mexican citizen and Texas law enforcement officials failed to tell Garcia that the Vienna Convention gave him the right to notify Mexican consular authorities about his arrest and to seek their help with legal representation.
In its amicus brief filed last week, the White House argued that “The imminent execution of petitioner would place the United States in irreparable breach of its international-law obligation to afford petitioner review and reconsideration of his claim that his conviction and sentence were prejudiced by Texas authorities’ failure to provide consular notification and assistance under the Vienna Convention on Consular Relations. “ In the brief Solicitor General Donald Verrilli, Jr. further contended that compliance with international treaties helps the U.S. protect its citizens abroad and advance its foreign policy interests. After all, constructive international diplomacy has always been premised on reciprocity.
The majority opinion of the Supreme Court did not agree. In its 5 to 4 ruling along ideological lines, the majority denied the stay, arguing that the court was tasked with ruling on current law, “not what it might eventually be.” While the majority did acknowledge that in 2008 the international court’s ruling was binding, they required action from Congress and not just the President in order to recognize it.
On behalf of the dissenting opinion, Justice Stephen G. Breyer stated “In reaching its contrary conclusion, the court ignores the appeal of the president in a matter related to foreign affairs, it substitutes its own views about the likelihood of congressional action for the views of executive branch officials who have consulted with members of Congress, and it denies the request by four members of the court to delay the execution until the court can discuss the matter at conference in September.” Breyer went on to say, “In my view, the court is wrong in each respect.”
Texas Governor Rick Perry authorized the execution to proceed, defying a request from the White House as well as from the United Nations High Commissioner for Human Rights. The latter office asked that Perry commute the sentence to life in prison. A request for a reprieve by the Mexican ambassador to the United States, Arturo Sarukhan, was dismissed by both the US high court and the state of Texas.
“Texas is not bound by a foreign court’s ruling,” Katherine Cesinger, press secretary for Texas Governor Rick Perry, said about the Vienna Convention. We understand that your Governor would like to secede from the Union, but must we remind you Ms. Cesinger, Texas is not empowered with unilateral jurisdiction over foreign nationals?
American history of the western frontier has documented various accounts of “frontier justice” that occurred in Texas in the 1870s. Someone needs to remind Perry and his supporters that it’s no longer 1870. His rogue sense of justice is driving Texas backward in time. Texas has executed more than 4 times the number of people as any other state, and yet murders and violent crimes continue. In fact, nearly every year Texas tops the list as the state with the most executions, with 17 in 2010.
Internationally, the United States stands alone on the issue of capital punishment. According to the Texas Coalition to Abolish the Death Penalty, The US stands virtually alone among nations in the industrialized world in carrying out state executions. Sending foreign nationals to their death in violation of international law simply aggravates an already barbaric practice.
According to the National Coalition to Abolish the Death Penalty, capital punishment goes against almost every religion. Yet, Governor Perry has declared August 6 as a day of prayer: “I invite my fellow Texans to join me on August 6 at Reliant Stadium in Houston, as we pray for unity and righteousness – for this great state, this great nation and all mankind. I urge Americans of faith to pray on that day for the healing of our country, the rebuilding of our communities and the restoration of enduring values as our guiding force.” This of course begs the question of exactly what that “guiding force” might be.
Last week marked the 35th anniversary of the death penalty which some claim is racist and arbitrary in its application . This dubious anniversary has been “celebrated” by Texas’ blatant disregard for life, due process and international law.
With potential Presidential hopeful Perry at its helm, the rogue disregard of humanitarian principles of Texas public policy has now earned it the dubious distinction of the highest uninsured in the nation, Texas has by far the largest number of employees working at or below the federal minimum wage ($7.25 per hour in 2010) compared to any state, shortchanged school districts by $ million, and has doubled its debt.
For those so inclined, I recommend that on August 6 we pray for Mr. Perry, the State of Texas, the soul of Mr. Garcia, and that Mr. Perry will eventually come to discover justice.



33 Comments

These are my comments regarding the execution in Texas this week.
No matter how the words are used, capital punishment is State sanctioned murder. Be far better to have life sentences w/o parole and give the prisoners the right to end their own lives if they so choose.
I agree.
I went in and did some editing but I’ve realized the editors may have made some changes. If so, feel free to redo them. I thought I had done them by mistake.
Nothing will ever stop Texas from executing people. They think it’s a wonderful thing to do and will continue. Capital punishment is wrong no matter who does it.
And it will be just as pointless, just as arrogant as Perry’s call to prayer. I agree that the death penalty is state sanctioned murder and I think it should be abolished but praying Perry, the state of Texas and somebody’s “soul” isn’t going to do anybody any good. It’s like religious doctors. If somebody feels that prayer might help a sick person I have no problem with it in addition to treatment. I just have a problem with prayer in lieu of treatment. You lay out as great case as to how barbaric and sometimes extra legal capitol punishment is and then you offer prayer as a solution? You’ll pardon me if I don’t waste my time on August sixth praying either with or for Rick Perry.
Texas thinks laws are communist.
Perry goes forward with the human sacrifice of a Mexican, which will endear himself to his base.
This administration, which tortures, assassinates, and wages undeclared drone warfare, suddenly finds itself concerned with international law and human rights. Oddly enough, Perry is a likely Republican candidate for President.
You didn’t think it was any more complicated than that, did you?
And out come the broad brushes…no….the industrial sprayers. Not all of us are so inclined. Stereotype much?
The problem here is obvious: lawyers from the Obama Executive Branch are guaranteed to lose while the Republican “justices” remain in power. If Garcia had been able to employ lawyers from the US Chamber of Commerce, he would still be alive today. All of the legal issues were irrelevant. It was all about denying this administration anything like a “win”, even if someone had to die as a result.
Margaret, didn’t mean to imply that all Texans agree with the policy. I know they don’t.
Correct me if I’m wrong, but, couldn’t Obummer ‘stay’ or even commute the sentence, himself…?
Did he commit the rape or not?
That would have required him to actually DO something. And it’s too late now, the execution has occurred (CT, I know you know that).
I know the Prez is a busy man, but surely something that “place(s) the United States in irreparable breach of its international-law obligation” was on his radar somewhere.
The hits just keep on comin’
While he may have committed the crime, in the context of this case it may be irrelevant. He was denied access to the services of his government, in breach of the Vienna Convention.
eCAHN! Good to “see” you.
The hits just keep on comin’
Ain’t that the truth…! 8-(
We’ll never know if he actually committed the crime. The lab where the evidence was tested has since been found to be absolutely, irredeemably compromised.
Speaking of Rape and Texas, this has me absolutely livid…
Texas woman loses Iraq rape case against KBR…
*gah*
Yep. That’s just fucking unacceptable.
Now that’s the kind of evidence I was looking for & would have asked for if I were on the jury.
She even had to get Sen. Cornyn’s help to just get out of Iraq, how could she have ‘concocted’ the tale as KBR argued…? 8-(
I don’t think these two facts are unrelated. It seems that life’s cheap in Texas.
Yep. Seems incredibly relevant and a no brainer.
Don’t bother praying for Rick Perry, this inhuman butcher is beyond redemption. He is just another sociopath that cloaks himself in false “religion” to justify his immoral deeds. The only “spirit” this psychopath is aligned with is authoritarian judgment and condemnation, which he conveniently uses to justify his political existence. This certainly isn’t consistent with the genuine spirit of Jesus or of any authentic religion.
Humberto Leal Garcia and Cameron Todd Willingham’s blood are now on Perry’s hands:
http://www.pbs.org/wgbh/pages/frontline/death-by-fire/etc/introduction.html
I’m sure there is a special place in Hell for malignant evildoers like Rick Perry, who like Commodore Vanderbilt arrogantly proclaim–”The Law? What do I care for the law? Hain’t I the power?
“Adria Sauceda was killed in 1994 in a gruesome attack in which her head was bashed with a large piece of asphalt and she was raped, strangled, bitten and left nude on a dirt road with a piece of wood stuck in her.
From the Texas death chamber Thursday evening, Leal, 38, took responsibility for the slaying, asked for forgiveness and wrapped up his comments by twice shouting: “Viva Mexico!”
He beat her head in with a 40-pound piece of asphalt after raping her. He’s had 17 years’ worth of appeals and been denied each and every time. Let’s not go down the road of questioning the verdict nor the fact that he’s been afforded every right due an American citizen.
So I wonder when it was, precisely, that we lost Justice Kennedy.
A real class act, I see…! 8-(
A life sentence w/o parole would’ve sufficed…! There’s still no reason to execute the S.O.B…!
Great question, jayt…! He’s definitely ‘swung’ hard right lately…! 8-(
Someday perhaps Perry will get some frontier justice.
It seems apparent Texas has executed innocent men before (Reuben Cantu, Todd Willingham), and laughed when they executed women Bush/Karla Tucker). I’m sure not all Texans enjoy the blood lust, but Cantu was in 1993, and nothing has changed.
You can’t say, “Oops, my bad!” to a dead man, and his family doesn’t want to hear it.
Odd, though, it’s never a rich guy or a pretty little blond that they make the mistake on, eh?
“[T]his (execution) was distinguished in it(s) blatant disregard for not only human life but for the rule of law.”
Well, it’s Texas.
Thank you for saying! I thought i missed something rather significant.