Texas executes Mexican national despite diplomatic pressure

Texas executed a Mexican man Wednesday for killing a police officer, overriding objections from the U.S. State Department as well as international diplomatic pressure.

The Supreme Court rejected appeals Wednesday night, clearing the way for officials at the state prison at Huntsville, Texas, to execute Edgar Tamayo, 46, for the 1994 slaying of Houston police officer Guy Gaddis, 24.

Tamayo died after receiving a lethal injection.

Texas officials rejected diplomatic pleas to halt the execution. His attorneys had argued that Tamayo was mentally impaired and ineligible for execution and was tried without assistance from the Mexican government.

Tamayo's attorneys and the Mexican government contended Tamayo's case was tainted because he wasn't advised under an international agreement that he could get legal help from his home nation after his arrest in 1994. Legal assistance guaranteed under that treaty could have uncovered evidence to contest the capital murder charge or provide evidence to keep Tamayo off death row, Mexican officials contended.

Earlier, Secretary of State John Kerry asked Texas Attorney General Greg Abbott to delay Tamayo's punishment, saying it "could impact the way American citizens are treated in other countries."

The State Department repeated its position Wednesday, hours before Texas proceeded with the execution.

It was the first execution of 2014 in what is the nation's most active state for capital punishment. Last year, Texas executed 16 people.

The Supreme Court considered and rejected a pair of appeals, one regarding Tamayo's mental state and the other on the assertion that the Mexican consulate had not learned of Tamayo until he went to trial.

Tamayo's lawyers, Sandra Babcock and Maurie Levin, issued a statement after the Supreme Court's ruling.

"Today, Texas has once more shown its utter disregard for the rule of law and the United States' treaty commitments. In their drive to execute Mr. Tamayo, the Governor and the Attorney General willfully ignored promises they made to our nation's leaders that they would ensure review of Mr. Tamayo's consular rights violation," they said.

"The execution of Mr. Tamayo violates the United States' treaty commitments, threatens the nation's foreign policy interests, and undermines the safety of all Americans abroad," Babcock and Levin also said.

The two went to the Supreme Court after the 5th U.S. Circuit Court of Appeals said an appeal this week renewing an earlier contention that Tamayo was mentally impaired and ineligible for execution was filed too late.

The Texas Board of Pardons and Paroles on Tuesday rejected Tamayo's request for clemency, as had Gov. Rick Perry.

"It doesn't matter where you're from," Perry spokeswoman Lucy Nashed said. "If you commit a despicable crime like this in Texas, you are subject to our state laws, including a fair trial by jury and the ultimate penalty."

Gaddis, who had been on the force for two years, was driving Tamayo and another man from a robbery scene when evidence showed the officer was shot three times in the head and neck with a pistol Tamayo had concealed in his pants. The car crashed, and Tamayo fled on foot but was captured a few blocks away, still in handcuffs, carrying the robbery victim's watch and wearing the victim's necklace.

At least two other inmates in circumstances similar to Tamayo's were executed in Texas in recent years.

The Mexican government said in a statement this week it "strongly opposed" the execution and said failure to review Tamayo's case and reconsider his sentence would be "a clear violation by the United States of its international obligations."

Tamayo was in the U.S. illegally and had a criminal record in California, where he had served time for robbery and was paroled, according to prison records.

"Not one person is claiming the suspect didn't kill Guy Gaddis," Ray Hunt, president of the Houston Police Officers' Union, said. "He had the same rights as you and I would have.

"This has been looked at, heard, examined and it's time for the verdict of the jury to be carried out."

Tamayo was among more than four dozen Mexican nationals awaiting execution in the U.S. when the International Court of Justice in The Hague, Netherlands, ruled in 2004 they hadn't been advised properly of their consular rights. The Supreme Court subsequently said hearings urged by the international court in those inmates' cases could be mandated only if Congress implemented legislation to do so.

"Unfortunately, this legislation has not been adopted," the Mexican foreign ministry acknowledged.

Contributing: Associated Press


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