Counsel to Javier Suárez Medina Press Release: TEXAS BID TO EXECUTE MEXICAN CITIZEN "LLEGAL, UNJUST AND CRUEL"

Medina page Counsel to Javier Suárez Medina

FOR IMMEDIATE RELEASE
July 24, 2002
Javier Suárez Medina

CONTACT:
Lydia Brandt
(972) 699-7020
See additional contact information TEXAS BID TO EXECUTE MEXICAN CITIZEN
"ILLEGAL, UNJUST AND CRUEL"

Attorneys cite unheard evidence, treaty violations in new petitions

RICHARDSON, TX. Attorneys representing a mentally impaired Mexican national have filed a flurry of last-minute petitions to halt his execution in Texas on August 14th. Javier Suárez Medina was sentenced to death in 1989 for the shooting death of Lawrence Cadena, an undercover Dallas police officer. However, attorneys have now raised compelling new evidence as grounds to halt Mr. Suárez Medinaís death by lethal injection.

ìWith the assistance of the Mexican Government, we have uncovered persuasive new facts about this case which were never considered by Javierís jury or any court,î said Lydia Brandt, counsel to Javier Suárez Medina. ìGiven this compelling new evidence, Javierís execution is illegal, unjust and cruel.î

A petition filed today with the Inter-American Commission on Human Rights in Washington, DC, outlines grave violations of Mr. Suárez Medinaís fundamental right to a fair trial and calls on the Commission to issue ìprecautionary measuresî to halt his execution. As a full member of the Organization of American States, the USA must comply with safeguards enshrined in the human rights treaties which the Inter-American Commission is responsible for monitoring and enforcing.

ìThere is no doubt that Texas authorities have violated several binding treaty obligations. At a time when the United States is concerned about the treatment of Americans overseas, Texas must recognize that the execution of Javier Suarez Medina could undermine respect for human rights not just on a local level, but internationally,î said attorney Sandra Babcock, director of the Mexican Capital Legal Assistance Program. ìWithout question, this execution is illegal under international law and must be stopped.î

Among other issues, the petition to the Inter-American Commission details the failure of the arresting police to inform Mr. Suárez Medina of his right to obtain assistance from the Mexican Consulate, even though police were aware of his nationality from the outset. New evidence reveals that Texas police provided false information to Mexican consular officials about Mr. Suárez Medinaís nationality, preventing them from assisting him during his capital murder trial.

During his 13 years on death row, Javier Suárez Medina has been subjected to fourteen execution dates. ìThe torment of undergoing repeated execution rituals is not a just punishment? itís torture, pure and simple,î Ms. Babcock declared.

A clemency petition filed with the Texas Board of Pardons and Paroles documents the prosecutionís reliance on an alleged prior crime to establish Mr. Suárez Medinaís ìfuture dangerousnessî, a necessary element in any Texas death sentence. Defense investigations have now established that the eyewitness testimony of the victim of that prior crime, while sincere, was completely mistaken. ìJavier was sentenced to death based on testimony about a prior crime that he did not commit,î Ms. Brandt noted. ìOnly the Board of Pardons can undo the devastating effect of this false evidence on the jury, by recommending commutation to life imprisonment.î

The clemency petition also documents crucial mitigating evidence which was never heard by the jury. The new evidence includes the findings of a leading neuropsychologist, who concluded that Mr. Suárez Medina suffered from brain damage and Post-Traumatic Stress Disorder at the time of the shooting incident.

ìJavierís mental impairments dramatically change the circumstances of the shooting and demand a lesser sentence,î said Lydia Brandt. ìThe jury determined that Javier acted deliberately and represented a future danger to society, but we now have overwhelming proof that both conclusions were wrong.î

ìThe shooting of undercover officer Cadena was a tragic mistake committed by a mentally impaired teenager in a moment of panic. A death sentence was then unjustly imposed, based on testimony about a prior crime Javier did not commit at all,î Ms. Brandt concluded. ìAll we seek is a fair review of our new evidence, which now tilts the scales from death to life in prison.î

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FOR MORE INFORMATION, PLEASE CONTACT:

Lydia M.V. Brandt, counsel to Javier Suarez Medina
Richardson, TX
Tel: (972) 699-7020; Fax: (972) 699-7030
lydiamb@airmail.net

Sandra L. Babcock, Mexican Capital Legal Assistance Program
Minneapolis, MN
Tel. (612) 871-5080; Fax. (612) 872-4967
sandrababcock@earthlink.net

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