Capital Punishment in Texas - Execution of Mexican Nationals

Execution of Mexican Nationals

Further information: José Medellín and Humberto Leal Garcia

Two Mexican nationals have been recently executed in Texas – José Medellín in 2008, and Humberto Leal García in 2011. (Prior to Medellin v. Texas, four Mexican nationals were executed by Texas, who were Ramón Montoya, Irineo Montoya, Miguel Flores, and Javier Suárez Medina, in 1993, 1997, 2000 and 2001 respectively.) At the time of their arrests in the early 1990s, neither had been informed of their rights as Mexican nationals to have the Mexican consulate informed of the charges and provide legal assistance. A 2004 ruling by the International Court of Justice concluded that the U.S. had violated the rights of 51 Mexican nationals, including Medellín and García, under the terms of a treaty the U.S. had signed. In response to the ruling, the Bush administration issued an instruction that states comply, but the U.S. Supreme Court ruled that he had exceeded his authority. The Supreme Court also ruled in Medellin v. Texas that the treaty was not binding on states until Congress enacted statutes to implement it, and in Leal Garcia v. Texas declined to place a stay on the executions in order to allow Congress additional time to enact such a statute. A 2008 ruling by the International Court of Justice asked the United States to place a stay on the executions, but Texas officials stated that they were not bound by international law.

García supporters complained about the use of bite mark analysis and luminol in determining his guilt. However, García accepted responsibility for the crimes and apologized before his execution.

Regarding the García execution, Texas Governor Rick Perry stated that "If you commit the most heinous of crimes in Texas, you can expect to face the ultimate penalty under our laws."