Friday, August 8, 2008

Texas' execution of Mexican national ... and international repercussions ....

The recent execution of convicted murderer/ rapist Jose Medellin will certainly get international repercussions. Mr. Medellin a "Mexican national" was convicted and sentenced to death for the rape and murder of 2 girls ages 14 and 16 in Houston 1993. A couple others were also convicted and received death sentences as well in this case. Mr. Medellin confessed to the crime with no hesitation ... BUT ... without his consul to advise present. Supposedly ... the rape and murders were part of a local gang initiation ... the victims ages 14 and 16 took a shortcut one day through a remote area ... they were raped ... and then murdered in a very brutal manner, which I wont get into here. Mr. Medellin was 18 at the time of the offense. In Texas ... if you have a capital murder case along with at least one other felony ... it qualifies for the death penalty by Texas Law. Of course that is up to the Courts and the peoples of Texas Jury. The argument here appears to be Mr. Medellin not getting advised of his right to have legal counsel present at the time of his arrest from his country ... which is required by 1963 Geneva Convention. At least 50 other Mexican nationals are on death rows nationwide with similar circumstances.

First of all ... I am not arguing for or against the death penalty here ... I really dont care one way or another about it. At least 4 or 5 more will be executed this month alone in Texas ... so it's quite common here. Unlike places like California where you may sit on death row for 30 years or life waiting for execution ... Texas' average wait is approximately 9 years tops. I dont think the death penalty works ... only because murder and related crimes such as this in Texas are about the highest nationwide. It also costs more to the taxpayer to execute then to imprison for life actually. The only thing it does do ... is I guess give some "closure" to the families of the victims. But ... the majority of Texas voters are for it ... and thats all that matters as far as I'm concerned. Texas IS NOT a "cruel" place as it is painted to be in other states ... actually pretty easy as far as punishments are concerned. However if the crime consists of these types of acts which Mr. Medellin confessed to ... folks take that serious ... especially with the high rate of these type offenses. Try to understand how those 2 girls families feel ... especially having to identify the mutilated corpses of their loved ones in a cold morgue. So one should understand the intensity of emotion as well.

Defense for the accused Sandra Babcock argues that we (USA) have an obligation to adhere to rule of law as to the international laws of the Geneva Convention for instance. Texas as well as the United States argue that the World Court has no jurisdiction or say so about these offenses and convictions. The Supreme Court of the United States declined at the last minute to give Mr. Medellin a "stay" of execution in a 5- 4 vote. The Texas Governor declined as well. Congress failed to act on a pending piece to require states to comply with conventions. Texas "will" comply with law if it was approved by Congress ... Texas would have stayed the execution if the U.S. Supreme Court would have stopped it ... but both failed to do so. As a result if this sort of thing continues ... we will no doubt get international repercussions because of it. I must side with the defense on this ... only because the man should have had counsel present from his country of Mexico ... at least should have been advised of his "right" to have it. Because of this incompetence ... we will now have to listen to the continuous whining from not only anti death penalty folks, but the international community as well. Mexico has filed a "diplomatic protest" with the U.S. State Department already. I feel we should do things by the "book" ... that is what America is about ... what does this say to the world when we do not honor these conventions? So you see my point. He should have had counsel present at arrest, then we continue to work, get the conviction ... and the execution ... and carry it out.

On the other hand ... if one commits these types of offenses ... especially in Texas you must understand that you WILL be executed ... simple as that. Many of these crimes are very violent ... and we dont have a society where these things are acceptable. What about the victims ... and the way they had to die ... was it humane? I personally am in contact with 2 people on death row in the USA ... another 2 that have been convicted of lesser degree's and received life sentences, and will be eligible for parole back to society. The 2 I know on death row have no problem with the death penalty, they admit to their crimes and feel that the death penalty is fitting actually. One said in his own words ... "Big deal ... death comes with the territory ..." when he received his sentence. If you indeed commit crimes like this ... expect to die ... that's the bottom line ... dont whine about it. When you were committing these acts ... were you whining then? ... so you see my point.

4 comments:

Anonymous said...

It's a valid point, that he wasn't advised of his right to consular access. But it's not a strong enough point, IMO, that the case should have gone on endlessly or the punishment made less severe. It probably wouldn't have changed the outcome, had he been advised. Where is Mexico's "diplomatic protest" over the fact that he was here illegally in the first place?

Ranch Chimp said...

heh,heh,heh...what can I say to that Chell?...you got it straight. I simply want to do things closer to the book,as you said,they will still get their sentence..in Texas it will NOT be lessened.Mexico has no death penalty,so it's common to run back there,they got 50 yrs max,but it's day for day time,not like USA with 2 thirds cut off for good time.Why do I want the consul part? Being a Texan I guess I just get tired of the criticism from other states as well as countries about our backward ways here,or cruelty or wild west mentality,etc most is exxagerated.Everytime a execution is done here..crowds gather at Huntsville and chant names of Nazi death camps,etc.We are NOT Nazi's here.Thanx for your input..I wasnt sure anyone read this I didnt know locally,this stuff is all new to me. Thomas

Ranch Chimp said...

By the way Chell...I forgot to answer the 'diplomatic protest" thing...uh...they always protest,he was illegal? hell..they dont care.Plus Bush was trying to delay his execution as well,he is in a position to where he is always kissing up to Mexico..it's all about business though,they pretty much got Bush in their pocket..all that NAFTA and such.We had another case in Dallas recently a national killed a college gal one night then tried to burn her to avoid her being identified,he ran to Mexico,got caught on a tip,Dallas was asked to promise not to seek death if we want him returned here. Thomas

Anonymous said...

A lot of the world's major news outlets covered this story. Medellin openly admitted (even bragged about, in non-legal settings) his crime, so there wasn't even a question about guilt/innocence. An innocent man was not put to death in this case. I wonder how many of the people chanting about Nazis would be fine with their daughters suffering the fate of those two girls?

That's sickening, the one you said killed the student and then basically got away with it- thanks to the Mexican government.