Texas was preparing to execute a 33-year-old
Mexican man on Tuesday, defying a ruling by an international court,
orders from US President George W Bush and demands from the
Organization of American States, the US secretary of state and the US
attorney general.
The case, which has become a cause celebre
among death penalty opponents, involves Jose Ernesto Medellin Rojas,
one of six gang members convicted for the 1993 hour-long rape and
brutal murder of two Houston girls, age 14 and 16, as part of a gang
initiation ceremony.
Since 1997, Medellin's lawyers and
Mexico have been challenging Medellin's death penalty conviction
because he is a Mexican citizen and Mexican officials had not been
informed of his need for legal help during the trial.
Under
the Vienna Convention of Consular Relations, arrested suspects from
foreign countries are supposed to have access to their own consulates
to seek legal assistance.
In 2004, the International Court of
Justice (ICJ) agreed with Mexico and ordered Medellin's case and those
of another 50 Mexicans on death row in the US to be reviewed. It
followed up last month with an explicit order on the case of Medellin
and four other Mexicans on death row in Texas.
Bush, the
one-time governor of Texas, tried to carry out the 2004 ICJ decision by
taking the unusual step in 2005 of ordering the state of Texas to
reopen Medellin's case.
Texas appealed the order to the US
Supreme Court, which ruled in March 2008 that the ICJ ruling was
binding on the US but that the president had no authority to intervene
in state judicial affairs, under a long-standing division of power in
the federalist system.
Texas has insisted it will bow only to
the US Supreme Court, and not to any international court. Governor Rick
Perry, who could stay the execution, has let it be known he's 'not
feeling any pressure on this,' a spokeswoman was quoted as saying by
the Houston Chronicle.
On Friday, the Texas Court of Criminal
Appeals removed the last barrier to Medellin's execution, denying a
petition by Medellin's lawyers to stay the execution.
One of
the judges who agreed with the majority opinion, Cathy Cochran, wrote
that 'no matter how long the courts of this state, the nation or any
other nation review, re-review and re-review once again, the disgusting
facts of this crime and these perpetrators, the result (death penalty)
should be the same,' the Chronicle reported.
The horrific
details of the case are these: Jennifer Ertman, 14, and Elizabeth Pena,
16, took a short cut across a park at a late hour in June 1993 and
happened upon the gang of six teenage boys, who grabbed and raped them
for an hour, evidence showed.
The boys then strangled them
with a belt and a shoelace and stomped on their throats. After a
four-day frantic search that engaged the entire city of Houston, their
bodies were found with the help of a gang member's brother.
Medellin had bragged to his friends that the victims were virgins,
Judge Cochran wrote, noting that in his confession, Medellin had
'displayed a callous, cruel and cavalier attitude toward the two
girls.'
Five of the gang members were sentenced to death. One
has been executed, and a second is awaiting an execution date. Two
others had their death sentences commuted to life in prison because
they were minors at the time of the crime. The sixth, Medellin's
brother, only 14 at the time, is serving a 40-year sentence.
Groups opposed to the death penalty issued another round of protests against Medellin's execution on Monday.
David Fathi of Human Rights Watch in Washington warned that Medellin's
execution in violation of an international court order 'will place
Americans abroad at risk.'
'If the US disregards its legal
obligations in this case, it will be hard pressed to argue that other
countries should respect the rights of US citizens under arrest,' he
said.
In its March ruling, the US Supreme Court ruled that
the ICJ's judgement was legally binding on the US, but that Congress
would have to act to make the judgement enforceable. Such a bill is
pending in Congress.
Medellin, in a blog posted on the
Canadian Coalition Against the Death Penalty, described how he worked
out in jail to keep his sanity, and, until his TV was taken away on
death row, enjoyed watching sports, particularly women's sports.
'Love that sport bra,' he wrote about women's soccer and tennis.
'I don't want sympathy or pity, I'd rather have your anger. Don't feel
sorry for me. I'm where I'm at because I made an adolescent choice.
Thats (sic) it!,' he wrote.