Foreign Nationals, Part III
As of May 28, 2008
Information provided by Mark Warren of Human Rights* Research
Foreign Nationals Released on Grounds of Innocence
|
NAME |
VCCR CLAIM |
NATIONALITY |
STATE |
RELEASE |
CONSULAR INTERVENTION |
|
Ricardo Aldape Guerra |
# |
Mexico |
Texas |
April 1997 |
YES |
|
Roberto Miranda |
|
Cuba |
Nevada |
September 1996 |
NO |
|
Joaquin Martinez
(acquitted after retrial) |
# |
Spain |
Florida |
June 2001 |
YES |
Executive Clemency for Death-sentenced Foreign Nationals
|
NAME |
VCCR CLAIM |
NATIONALITY |
STATE |
DATE |
STATUS |
CONSULAR INTERVENTION |
|
Gerardo Valdez Maltos |
# |
Mexico |
Oklahoma |
June 16, 2001 |
30-day reprieve |
YES |
|
Gerardo Valdez Maltos |
# |
Mexico |
Oklahoma |
Aug. 17, 2001 |
30-day reprieve (death
sentence vacated on appeal) |
YES |
|
Osbaldo Torres Aguilera |
# |
Mexico |
Oklahoma |
May 13, 2004 |
Life without parole |
YES |
|
Hung Thanh Le |
# |
Viet Nam |
Oklahoma |
Feb. 25, 2004 |
30-day reprieve (later
executed) |
YES |
|
Juan Alonso Caballero
Hernandez |
# |
Mexico |
Illinois |
Jan. 11, 2003 |
Life without parole |
YES |
|
Gabriel Solache Romero |
# |
Mexico |
Illinois |
Jan. 11, 2003 |
Life without parole |
YES |
|
Mario Flores Urban |
# |
Mexico |
Illinois |
Jan. 11, 2003 |
40 years (since released
and deported; possibly innocent) |
YES |
|
Evan Griffith |
# |
Belize |
Illinois |
Jan. 11, 2003 |
Life without parole |
? |
|
Gregory Madej |
# |
Poland |
Illinois |
Jan. 11, 2003 |
Life without parole |
YES |
|
NAME |
NATIONALITY |
STATE |
DATE |
STATUS |
CONSULAR INTERVENTION |
|
Gerardo Valdez Maltos |
Mexico |
Oklahoma |
Court of Criminal
Appeals 05/01/02 |
Sentence vacated; NEW
SENTENCING HEARING ORDERED |
YES |
|
Kwan Fai Mak |
Hong Kong |
Washington |
Trial court 04/30/02;
05/20/02 |
Sentence vacated; 13
LIFE SENTENCES |
? |
|
Gregory Madej |
Poland |
Illinois |
Federal District Court
03/10/02 |
Sentence vacated; NEW
SENTENCING HEARING ORDERED (later commuted) |
YES |
|
Julio Mora |
Spain |
Florida |
State Supreme Court
01/25/02; Trial court 09/04/02 |
Sentence vacated; LIFE
SENTENCE |
YES |
|
Hector Barrow |
Guyana |
Delaware |
Superior Court 01/04/02 |
New penalty hearing;
LIFE SENTENCE |
? |
|
Krishna Maharaj |
United Kingdom |
Florida |
Trial court 03/27/02 |
New penalty hearing;
LIFE SENTENCE |
YES |
|
Ramon Martinez Villareal |
Mexico |
Arizona |
Concurrence with
prosecutors |
Death sentence VACATED,
due to mental retardation |
YES |
|
Toribio Rodriguez
Rodriguez |
Mexico |
Arizona |
Trial court 01/28/03 |
Conviction reversed on
appeal; mistrial; 25 years to life, in exchange for guilty plea |
YES |
|
Gerardo Valdez Maltos |
Mexico |
Oklahoma |
Agreement with
Prosecutor 11/16/03 |
Plea agreement to avoid
re-sentencing hearing; LIFE SENTENCE |
YES |
|
Kajornsak Prasertphong |
Thailand |
Arizona |
Arizona Supreme Court |
Death sentence VACATED,
remanded for new sentencing hearing due to Ring v. Arizona (re-sentenced to life) |
? |
|
Osbaldo Torres Aguilera |
Mexico |
Oklahoma |
Court of Criminal
Appeals |
Stay of execution,
evidentiary hearing on: Vienna Convention claim; ineffective assistance
(sentence also commuted) |
YES |
|
Jose Jacobo Amaya Ruiz |
El Salvador |
Arizona |
federal district court? |
Sentence vacated due to
mental retardation; LIFE SENTENCE imposed (parole eligible after 25
years) |
YES |
|
Raphael Camargo Ojeda |
Mexico |
Arkansas |
federal district court |
Prosecution stipulated
to mental retardation in exchange for waiver of further appeals, based
on Vienna Convention claim. Negotiated LIFE SENTENCE. |
YES |
|
Gilberto Martinez |
Cuba |
Oklahoma |
Trial court |
Prosecution stipulated
to mental retardation in exchange for waiver of further appeals.
Negotiated LIFE SENTENCE. |
? |
|
Kenneth Richey |
United Kingdom |
Ohio |
Sixth Circuit |
Conviction and sentence
REVERSED on appeal; sentence REINSTATED on appeal by U.S. Supreme Court
(11/28/05), for further review by lower courts of procedural obstacles
to relief |
YES |
|
Osbaldo Torres Aguilera |
Mexico |
Oklahoma |
Court of Criminal
Appeals |
affirming trial court
finding of prejudice for consular rights violation and commutation to
LIFE SENTENCE |
YES |
|
Peter Sakarias |
Estonia |
California |
California Supreme Court
|
Death sentence vacated
due to prosecutorial misconduct (arguing conflicting theories in
co-defendant case) |
? |
|
Lynford Blackwood |
Jamaica |
Florida |
Florida Supreme Court |
Death sentence reversed
on appeal due to ineffective assistance of trial counsel (failure to
develop and present mental health mitigation evidence). Re-sentenced to
LIFE IMPRISONMENT, 04/20/07 |
? |
|
|
|
|
|
Death sentence modified
to LIFE WITHOUT PAROLE due to ineffective assistance, where trial
counsel failed to seek court funding for mitigation investigation and
refused assistance offered by Mexican government through Mexican
Capital Legal Assistance Program (MCLAP). |
YES |
|
Kenneth Richey |
United Kingdom |
Ohio |
Agreement with
prosecutor, entered 12/20/07 |
Death sentence and
conviction reversed on appeal; plea bargain whereby Richey was RELEASED
in exchange for time served and entry of no contest plea to charge of
involuntary manslaughter. |
YES |
|
Daniel Angel Plata |
Mexico |
Texas |
Court of Criminal
Appeals 01/16/08 |
Death sentence reduced
to LIFE IMPRISONMENT on grounds of mental retardation. |
YES |
|
Michael Blair |
Thailand |
Texas |
366th District Court,
05/23/08 |
Recommended REVERSAL of
death sentence and conviction, after prosecution conceded that key
forensic evidence has been disproved by new DNA testing. |
? |
*
Human
Rights Research provides free information on consular rights issues in
death penalty cases, along with human rights consulting and research
services
to attorneys, consulates and non-governmental organizations.