 |
|
|
 News from Around the Americas | October 2007 
Court Weighs Case of Mexican on Texas Death Row
 James Vicini - Reuters
go to original
| | An undated copy of Jose Medellin's prison information sheet. Medellin, a Mexican on death row in Texas, is not entitled to a new review of his case, despite an international tribunal's ruling and a directive from President Bush, a lawyer for the state told the U.S. Supreme Court on Wednesday. (Texas Department of Criminal Justice/Reuters) |
Washington - A Mexican on death row in Texas is not entitled to a new review of his case, despite an international tribunal's ruling and a directive from President George W. Bush, a lawyer for the state told the U.S. Supreme Court on Wednesday.
Texas Solicitor General R. Ted Cruz argued Bush exceeded his authority by directing a state court to review the case of Jose Medellin, who was denied the right to meet with a consular officer from Mexico after his arrest for murder.
Several justices seemed to agree with Cruz. They expressed concern that the ruling by the International Court of Justice would be automatically binding on a state court in the United States and could not be reviewed by the Supreme Court.
"I don't know on what basis we can allow some international court to decide what is the responsibility of this court, which is the meaning of the United States law," Justice Antonin Scalia said.
The ICJ ruling in 2004 ordered the United States to review the cases of Medellin and 50 other Mexican death row inmates because they never were told of their right under the Vienna Convention to talk to consular officers after their arrests.
Bush in 2005 decided to comply with the ruling and issued a memorandum to then-Attorney General Alberto Gonzales directing the state courts to review the 51 cases to determine whether the violation of their rights caused the defendants any harm at trial or at sentencing.
Cruz described it as an unprecedented assertion of presidential power directed at state court judges. He said the constitutional problems would have been avoided if Congress had adopted a law that the inmates should get a review in court.
Cruz said both state and federal courts had concluded there had been no harm for Medellin from the international treaty violation.
Chief Justice John Roberts said the basis for that finding was that Medellin at the time of his arrest had been told of his rights under U.S. law, which includes the right to remain silent and to have a lawyer present.
Texas has acknowledged Medellin was never told he could talk to Mexican officials. But it has argued that claim cannot be made now because he never raised it at trial or sentencing. Even if his treaty rights had been violated, it would not have made any difference in the outcome of the case, Texas said.
Medellin, a gang member, was sentenced to death in state court for the 1993 rape and murder of two teenage girls in Houston. The killings stemmed from a gang initiation.
Donald Donovan, a lawyer for Medellin, and Bush administration lawyer Paul Clement argued that Medellin should get a new review of his case.
White House spokeswoman Dana Perino said the administration's arguments in the case in no way condone or defend "the despicable and heinous actions" of Medellin, who was convicted.
"What our point is about in this case is that the president has an authority - needs to have an authority to ensure that the United States adheres to international treaty obligations," she told reporters.
Justices Ruth Bader Ginsburg and Stephen Breyer seemed most supportive of the argument that the international treaty and the ICJ ruling required review of Medellin's case.
Breyer said the ICJ opinion is not telling the state to set aside its procedural rules on bringing new claims.
"What they've asked you to do is to provide, by means of the United States' own choosing, review and reconsideration of the convictions and sentences by taking account of the violation of rights," he told Cruz.
A decision is expected early next year.
Additional reporting by Caren Bohan |
| |
|
Vallarta Weddings
Tell a Friend
Site Map
Print this Page
Email Us