2008 Woodie Awards
Illegal immigrant from Honduras facing execution
MICHAEL GRACZYK Associated Press Writer
Issue date: 8/7/08 Section: STATE
HUNTSVILLE, Texas (AP) - Attorneys for an illegal immigrant from Honduras say his inability to get legal help from his government following his arrest for killing a Dallas-area store manager during a robbery should keep him from a scheduled trip to the Texas death chamber.
Lawyers said Heliberto Chi, who was set to die Thursday evening, was denied rights given to foreigners under international treaty.
It's the second death penalty case this week in the nation's most active capital punishment state to focus on diplomatic issues.
On Tuesday night, after a split U.S. Supreme Court narrowly rejected a late appeal, Mexican-born convicted killer Jose Medellin was executed for participating in a gruesome gang rape and murders of two teenage Houston girls 15 years ago.
Unlike Medellin, Chi was not among some 50 death row inmates around the country, all Mexican born, who the International Court of Justice said should have new hearings in U.S. courts to determine whether the 1963 Vienna Convention treaty was violated during their arrests. Mexico had sued in the court on behalf of its citizens condemned in the U.S.
President Bush asked states to review the cases and legislation to implement the process was introduced recently in Congress, but the Supreme Court ruled earlier this year neither the president nor the international court could force Texas to wait.
Chi's attorneys argued that unlike its treaty obligations with Mexico, the U.S. agreement with Honduras doesn't require enabling legislation.
"When you watch your state violate international law like this, it saddens you personally," said Terry O'Rourke, a Houston lawyer involved in the case.
An appeal seeking to halt the lethal injection, which would be the sixth this year in Texas, was before the Texas Court of Criminal Appeals. Ramon Valladares, the Honduran consular assistance director, also said from Tegucigalpa that his government was lobbying U.S. authorities to stop the execution.
Lawyers said Heliberto Chi, who was set to die Thursday evening, was denied rights given to foreigners under international treaty.
It's the second death penalty case this week in the nation's most active capital punishment state to focus on diplomatic issues.
On Tuesday night, after a split U.S. Supreme Court narrowly rejected a late appeal, Mexican-born convicted killer Jose Medellin was executed for participating in a gruesome gang rape and murders of two teenage Houston girls 15 years ago.
Unlike Medellin, Chi was not among some 50 death row inmates around the country, all Mexican born, who the International Court of Justice said should have new hearings in U.S. courts to determine whether the 1963 Vienna Convention treaty was violated during their arrests. Mexico had sued in the court on behalf of its citizens condemned in the U.S.
President Bush asked states to review the cases and legislation to implement the process was introduced recently in Congress, but the Supreme Court ruled earlier this year neither the president nor the international court could force Texas to wait.
Chi's attorneys argued that unlike its treaty obligations with Mexico, the U.S. agreement with Honduras doesn't require enabling legislation.
"When you watch your state violate international law like this, it saddens you personally," said Terry O'Rourke, a Houston lawyer involved in the case.
An appeal seeking to halt the lethal injection, which would be the sixth this year in Texas, was before the Texas Court of Criminal Appeals. Ramon Valladares, the Honduran consular assistance director, also said from Tegucigalpa that his government was lobbying U.S. authorities to stop the execution.
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