Archive | death penalty

07 July 2011 ~ 3 Comments

Statement from Humberto Leal’s Lawyer

The following statement is attributed to Sandra L. Babcock, attorney for Humberto Leal Garcia:

“Today the United States stumbled in its commitment to the rule of law.  Mr. Leal, tragically, will suffer the consequences.  He will be executed tonight, despite the fact that his right to consular assistance was violated.  If he had had the assistance of the Mexican consulate at the time of trial, Mr. Leal would have had a meaningful opportunity to show that he was not guilty of capital murder.

“It is shameful that Mr. Leal will pay the price for our inaction.  The need for Congressional action to restore our reputation and protect our citizens is more urgent than ever.

“This case was not just about one Mexican national on death row in Texas. The execution of Mr. Leal violates the United States’ treaty commitments, threatens the nation’s foreign policy interests, and undermines the safety of all Americans abroad. That is why the U.S. Solicitor General, former diplomats, military leaders, and Americans detained overseas were among those who joined together to call for a stay of execution.

“It is now imperative that Congress promptly act to ensure passage of legislation that will bring the U.S. into compliance with its international legal commitments and provide judicial review to the forty Mexican nationals who remain on death row in violation of their consular rights.”

Sandra L. Babcock, Clinical Professor of Law at Northwestern University School of Law and attorney for Mr. Leal.

July 7, 2011

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01 July 2011 ~ 1 Comment

Solicitor General Supports Stay for Humberto Leal

Today, July 1, the United States Solicitor General urged the U.S. Supreme Court to stay the execution of Humberto Leal Garcia.  Leal, a Mexican national, is scheduled to be executed by the State of Texas on Thursday, July 7, 2011, barring a stay from the U.S. Supreme Court or a favorable recommendation of clemency from the Texas Board of Pardons and Paroles.

Here are excerpts from the press release:

Today, United States Solicitor General Donald Verrilli took the unusual step of filing an amicus brief in the U.S. Supreme Court in support of a stay of execution for death row inmate Humberto Leal Garcia, who is scheduled to be executed in Texas on Thursday, July 7. Solicitor General Verrilli argues that U.S. interests will be undermined if Texas executes Mr. Leal without allowing for judicial review of his conviction and sentence to determine if he was harmed by the violation of his consular rights. …


This week, several of the world’s leading governing bodies joined these bipartisan supporters in calling for a stay the execution for Mr. Leal. The European Union, the United Nations High Commissioner for Human Rights, the Government of Mexico, and the Inter-American Commission on Human Rights argue that lack of consular assistance impeded Mr. Leal’s right to a fair trial and that his execution would constitute an irreparable violation of U.S. treaty obligations. …

Attorneys for Mr. Leal argue that had he been provided consular assistance upon arrest in 1994, he would not have been convicted or sentenced to death. The court-appointed lawyers Mr. Leal received were inexperienced and ineffective.  One of them was suspended from the practice of law twice for failing to adequately represent clients and publicly reprimanded on two other occasions.


Sign the online petition!  Go to

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28 June 2011 ~ 1 Comment

U.S. Supreme Court Urged to Stay Execution of Humberto Leal Garcia

On Monday, Humberto Leal Garcia’s attorneys and the Mexican government jointly appealed to the U.S. Supreme Court to stay Leal’s execution.  In 2004 the U.S. Supreme court unanimously agreed with the International Court of Justice (ICJ) which held that Mr. Leal was entitled to judicial review of his conviction and sentence to determine if he was harmed by the United States’ violation of the Vienna Convention.

Yesterday, three judges on the Texas Court of Criminal Appeals issued a concurring opinion which stated that the pardons board and Governor Perry should stay Mr. Leal’s execution until “legislation passes that finally implements our indisputable treaty obligations and provides a remedy for [Mr. Leal’s] right under international law.”

Please read the full press release which follows:

U.S. Supreme Court Urged to Stay Execution of Humberto Leal Garcia Whose Consular Rights were Violated

Government of Mexico will Join Attorneys in Asking Court to Ensure International Treaty Obligations are Upheld by Providing Review to Mexican National


 (Washington, D.C., June 28, 2011) Today, attorneys for Humberto Leal Garcia and the Government of Mexico are jointly appealing to the U.S. Supreme Court to stay Mr. Leal’s July 7 execution.

Attorneys for Mr. Leal filed a petition for writ of certiorari and a stay motion in the U.S. Supreme Court, arguing that the Court “must not allow Texas to subvert Mr. Leal’s constitutional rights and the compelling institutional interests of Congress and the Executive in a race to execution, particularly given the overwhelming public interest in achieving compliance with the Avena Judgment.”  The Government of Mexico, in an amicus curiae brief that will be submitted to the Court later today, will note that the United States has been a forceful advocate for U.S. nationals detained in Mexico, and is expected to call upon the United States to live up to its treaty commitments.

The petition and stay motion are attached. The amicus brief will be distributed later today.

The documents filed by Mr. Leal’s attorneys point out that the “Consular Notification Compliance Act” would allow for judicial review of Mr. Leal’s case and the cases of forty other Mexican nationals on death row who were denied consular access at the time of their arrests, and would bring the U.S. into compliance with Article 36 of the Vienna Convention. The legislation has widespread support from the U.S. government, including the Department of Defense, Department of Justice, Department of Homeland Security, and Department of State.

The petition concludes, “If denying Mr. Leal the review and reconsideration of his conviction and sentence ordered by the ICJ is so important as possibly to justify the serious harm to U.S. interests identified by the President, this Court, and many, many others that would follow from that treaty breach, that judgment should be made by the U.S. Congress, not Texas.  The United States’ word should not be so carelessly broken, nor its standing in the international community so needlessly compromised.”

Prominent bipartisan groups, including former U.S. diplomats, retired military leaders, former judges and prosecutors, and organizations representing Americans abroad, agree that Mr. Leal’s execution should be stayed to allow time for Congress to remedy the consular violations in his case. These diverse groups have expressed concern that if Mr. Leal is executed despite the violations, other nations will be emboldened to violate the consular rights of U.S. citizens arrested in foreign countries and all Americans abroad will be put at risk.

In 2004, the International Court of Justice (ICJ) held that Mr. Leal was entitled to judicial review of his conviction and sentence to determine if he was harmed by the United States’ violation of the Vienna Convention.  The U.S. Supreme Court unanimously agreed that the United States was obligated to comply with the ICJ decision, but held that Congress must act to implement the Court’s decision.  Both the Bush and Obama administrations have sought to enforce the decision.

The legislation also calls for a stay of execution in any case where a date has been set pending federal review. Mr. Leal is scheduled for execution on July 7.

Having no prior criminal convictions, Mr. Leal was arrested, convicted and sentenced to death in 1994, but not informed of his right as a Mexican national to seek assistance from the Mexican consulate under the Vienna Convention for Consular Relations. Attorneys for Mr. Leal argue that had he been provided consular assistance, he would not have been convicted or sentenced to death. The court-appointed lawyers Mr. Leal received were inexperienced and ineffective.  One of them was suspended from the practice of law twice for failing to adequately represent clients and publicly reprimanded on two other occasions.

“The undisputed violation of his Vienna Convention rights in his case goes to the very heart of the validity of his conviction and sentence,” Mr. Leal’s attorneys argue in their motion for stay of execution.  “Among other things, Mexico would have ensured that [Mr. Leal] was represented by highly qualified and experienced defense counsel who would have challenged the prosecution’s reliance on junk science to obtain a conviction and would have presented powerful mitigating evidence at the penalty phase, including expert testimony regarding Mr. Leal’s learning disabilities, brain damage, and sexual abuse at the hands of his parish priest.”

Once the Mexican consulate was given access to Mr. Leal’s case, they provided funds for necessary investigators and experts that led to the discovery of Mr. Leal’s brain damage and sexual abuse.

The Consular Notification Compliance Act allows for review of cases precisely like Mr. Leal’s where lack of consular assistance may have made the difference between life and death.

Attorneys for Mr. Leal are also awaiting a decision on a clemency petition and stay motion from the Texas Board of Pardons and Paroles and Governor Rick Perry.

Late Monday, three judges on the Texas Court of Criminal Appeals issued a concurring opinion which stated that the pardons board and Governor Perry should stay Mr. Leal’s execution until “legislation passes that finally implements our indisputable treaty obligations and provides a remedy for [Mr. Leal’s] right under international law.”

The CCA judges added: “There is no dispute that allowing [Mr. Leal’s] execution to go forward without first affording him a hearing in satisfaction of the International Court of Justice’s judgment in the Avena case, would violate the United States’s treaty obligations under the Vienna Convention on Consular Relations, the Optional Protocol, and Article 94 of the United Nations Charter – obligations that are binding on Texas by way of the Supremacy Clause of the United States Constitution.”

Documents and background information on Mr. Leal’s case, including letters of support from the bipartisan groups and from victims’ organizations representing survivors of sexual abuse, can be found at:

The legislation and a statement from Senate Judiciary Committee Chairman Patrick Leahy can be accessed here:

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23 June 2011 ~ 3 Comments

Houston Chronicle Calls for Stay of Execution for Humberto Leal

Today’s Houston Chronicle features an editorial that calls for a stay of execution for Humberto Leal, in light of legislation pending in Congress that would allow federal courts to review death penalty cases involving foreign nationals who were denied the right to contact their consular offices (“Keeping our word: Scheduled Texas execution violates treaty and endangers Americans abroad,” June 23, 2011).  Here’s a long excerpt:

Americans traveling abroad are protected, whether they are aware of it or not, by a treaty called the Vienna Convention on Consular Relations, ratified by about 170 countries, which guarantees them access to U.S. consular assistance if they are detained or arrested in a foreign country. In 2010, more than 6,600 Americans were arrested abroad, and more than 3,000 were incarcerated. Many of them benefited from the protections of this treaty.

But unfortunately, the U.S. has repeatedly failed to offer those same protections to foreigners on U.S. soil. The most egregious of these violations is the denial of consular assistance to foreign nationals convicted and sentenced to death. (Currently, about 100 foreign nationals are on U.S. death rows.) And in a particularly urgent case, one of those individuals whose rights were violated, a Mexican national named Humberto Leal Garcia, is scheduled to be executed on July 7 in Huntsville.

Because a bill has been introduced to bring the U.S. into compliance with the treaty, Leal’s attorneys have filed a federal petition and a motion for a stay of execution so that Leal will be alive and eligible for the remedies of this legislation when it becomes law.

There are compelling reasons why these petitions should be granted. Chief among them is the fact that this pending legislation will allow for review of cases like Leal’s, said his attorney Sandra Babcock, “where lack of consular assistance may well have made the difference between life and death. That’s why the consular access really matters.” Mexico provides top-flight legal assistance to its nationals under such circumstances.

Read the full editorial in the Chronicle.

If you haven’t done so already, please sign the petition in support of clemency for Humberto Leal:

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16 June 2011 ~ 1 Comment

Texas Death Penalty Case Updates

There have been a number of developments with death penalty cases in the last two weeks, including a new death sentence, a jury rejection of a capital murder charge, and a reduced sentence.  Here’s a recap:

  • On June 7, 2011, a Fort Bend County jury sentenced Albert
    James Turner to death for the 2009 murders of his wife Keitha Turner and his mother-in-law Betty Joe Frank.  Turner was a former prison guard and an honorably discharged Gulf War veteran.  This is the fourth new death sentence in Texas this year and the tenth such sentence out of Fort Bend County since 1976.  In 2010, Texas juries sentenced eight individuals to death, the lowest number since reinstatement of the death penalty.


  • On June 10, 2011, juries in the Dallas County case of Charles Payne rejected the charge of capital murder and instead found him guilty of murder in the shooting of police officer Senior Cpl. Norm Smith.   Because the jury found him guilty of a lesser charge than capital murder, Payne was no longer eligible for the death penalty.  According to the Dallas Morning News, “This is the 1st time since 1996 that Dallas County prosecutors seeking the death penalty have not won a capital murder conviction. In the case from that year, the jury gave the defendant a life sentence for murder.”  More than 100 people have been sentenced to death in Dallas County since 1976.

Payne claimed that he did not know that Senior Cpl. Smith was a police officer when he appeared at the door of his apartment and instead thought he was an intruder.  Jurors rejected his claim of self defense, however, and sentenced him to life in prison for the shooting.

  • According to The Daily News of Galveston County, District Attorney Jack Roady has decided not to pursue another death sentence for Gaylon George Walbey Jr. (“Teacher’s Murderer Gets Life In Prison,” June 12, 2011).   Walbey Jr had spent 16 years on death row for the 1993 murder of his former foster mother, Marionette Beyah.   By all accounts, he suffers from severe mental illness and has been diagnosed with schizophrenia.  As an editorial in The Daily News asks, “What message could a just society hope to send by executing someone like that?” (“In this case, justice was served,” June 15, 2011)

In 2009, the 5th U.S. Circuit Court of Appeals ordered the state district court to conduct a new punishment hearing for Walbey after finding that his trial attorney had failed to investigate his horrific childhood and other potentially mitigating evidence.  Later that year,  Kurt Sistrunk, the Galveston County District Attorney at the time, announced his decision to seek another death sentence.   Roady, who defeated Sistrunk for the DA position in 2010, decided to end the case against Walbey after reviewing the evidence and speaking with the victim’s family.

Walbey, who was 18 at the time of the crime, will now serve a sentence of life in prison.

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01 June 2011 ~ 1 Comment

Texas 82nd Regular Legislative Session Ends, with Mixed Results

Thank you for contacting your State Representatives and Senators during the 82nd Texas Regular Legislative Session, which concluded on May 30, 2011.   It is clear from our conversations with dozens of legislative offices that TCADP members generated an unprecedented number of calls and emails this year to express their opposition to the death penalty.  Your grassroots advocacy plays a critical role in our efforts to shift the political climate on this issue!

From our perspective, the legislature took a few steps forward and (at least) one step back regarding the administration of justice in Texas.

On the positive side:

  • The House and Senate unanimously approved House Bill 215, which requires police departments to adopt written guidelines for how they conduct eyewitness identification procedures.  Mistaken eyewitness identification is the leading cause of wrongful conviction nationwide and was a factor in 38 of the 45 Texas exonerations based on DNA testing.  The bill heads to Governor Perry, who has indicated that he will sign it.
  • The legislature also approved House Bill 417, relating to claims for compensation for wrongful conviction.  Among other provisions, the bill stipulates that “a person is entitled to compensation if… the district court’s dismissal order is based on a motion to dismiss in which the state’s attorney states that no credible evidence exists that inculpates the defendant and, either in the motion or in an affidavit, the state’s attorney states that the state’s attorney believes that the defendant is actually innocent of the crime for which the person was sentenced.”  This provision addresses the case of Anthony Graves, who was denied compensation by the State Comptroller’s Office because the order releasing him did not contain the words “actual innocence.”  The bill also provides exonorees with access to health insurance through the Texas Department of Criminal Justice.
  • Senate Bill 122 provides greater access to post-conviction DNA testing in cases where the evidence was not previously subjected to DNA testing or could benefit from newer testing techniques. Both SB 122 and HB 215 were recommendations from the Timothy Cole Advisory Panel on Wrongful Convictions.

On the disappointing side:

  • On Saturday, May 28, 2011, after some wrangling between the Senate and House of Representatives, Senate Bill 377 passed in its original form by a vote of 132 to 14 in the House, with 2 present not voting.   This bill expands the scope of the death penalty by making the murder of a child who is less than 10 years of age a capital offense.  The 14 Representatives who voted against it are: Burnam; Dutton; Farrar; Gonzalez; Gutierrez; Howard, D.; Johnson; Marquez; Miles; Muñoz; Naishtat; Oliveira; Rodriguez; and Veasey.  The bill has been sent to the Governor for his signature.

If you live in the district of one of the Representatives who voted NO on SB 377, please take a moment to call or email your legislator to thank him/her for taking a stand against this needless expansion of the death penalty.  Go to to determine contact information for your legislator or send an email to (example:

  • The legislature did not take action on the vast majority of bills related to the death penalty; it also left several other important criminal justice reforms pending.

If you have questions about other death penalty-related bills or the voting record of your legislators, please contact Kristin at or 512-441-1808.  Thanks again for responding to our calls for action during the session and, particularly, for your support for HB 819, a bill to repeal the death penalty in Texas.


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01 June 2011 ~ Comments Off on Four Texas Executions Scheduled for June

Four Texas Executions Scheduled for June

Four individuals are scheduled to be executed by the State of Texas this month.

  • Tonight, June 1, Gayland Bradford is scheduled to be executed.  Last October, he received a temporary stay from the U.S. Supreme Court.  Granted by Justice Antonin Scalia on October 8, 2010, the stay sought to give Bradford’s attorneys time to file a full appeal.  His attorneys contend that he is mentally deficient and that he received inadequate legal representation in some of his earlier appeals.  Bradford was convicted of the 1988 murder of Brian Edward Williams in Dallas.
  • On June 15, John Balentine faces execution for the 1998 killing of three teenagers in Amarillo. The U.S. Court of Appeals for the 5th Circuit granted him a stay on September 29, 2009, the day before he was to be executed. The Court stayed the execution to determine if lower courts had properly resolved Balentine’s appeals.   He confessed after being arrested in Houston six months after the murders.  During his appeal, Balentine’s attorneys argued that his court-appointed trial lawyers were unqualified or deficient in their representation and had failed to develop mitigating evidence to show Balentine’s childhood of poverty, domestic violence, and abuse.  On November 2, 2009, the U.S. Supreme Court refused to hear his appeal.
  • Lee Taylor faces execution on June 16 for the 1999 murder of another offender in the Telford Unit.
  • On June 21, Milton Mathis is scheduled to be executed for the 1998 murders of Travis Brown and Daniel Hibbard in Fort Bend County.  He was 19 years old at the time of the crime.  His attorneys have provided evidence of his intellectual disabilities and argued that he meets the criteria as defined by the U.S. Supreme Court decision Atkins vs. Virginia (2002), which prohibited the death penalty for persons with mental retardation.  To date, the courts have denied his efforts to litigate his Atkins claim, ruling that his petition was time-barred.

The State of Texas has carried out three executions to date in 2011 (out of 19 nationwide).  Currently, six more executions are scheduled through September.

The execution of Cleve Foster may also be rescheduled.  Foster received a last-minute stay from the U.S. Supreme Court in April.   On May 31, 2011, the Court announced that it had lifted the stay and declined to hear arguments in the case.  Read more from the New York Times and the Fort Worth Star-Telegram.


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09 May 2011 ~ Comments Off on More on Discredited Expert Testimony

More on Discredited Expert Testimony

Over the weekend, the Houston Chronicle published an editorial  calling for a review of the cases involving death row inmates who were evaluated for evidence of mental retardation by psychologist Dr. George Denkowski (“Fatal Errors,” May 7, 2011).  Last month, the state Board of Examiners of Psychologists reprimanded Denkowski for his unproven and unscientific methods and banned him from conducting future evaluations.

Yet according to the Chronicle, “… while Denkowski has been discredited and barred from testifying in such cases ever again, the men he has succeeded in keeping on death row — many of whose appeals have been on hold – could be procedurally barred from pursuing appeals unless legislative action is taken.”

A follow-up article by Mike Tolson (“Retardation issue set for 2nd round in courts,” May 9, 2011, Houston Chronicle), addresses the situation in Texas after the U.S. Supreme Court banned the application of the death penalty to persons with mental retardation (Atkins v. Virginia, 2002).  Tolson notes that the Harris County District Attorney’s Office “already is revisiting its eight cases in which Denkowski concluded that the defendant was not mentally retarded. Four others were reversed recently for other reasons.”

Read the full article.

Read the editorial.

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