clemency campaign death penalty execution Humberto Leal Mexican National Stay of execution Texas U.S. Supreme Court

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.


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