Foreign Nationals, Part III

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

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
09/15/03

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
05/13/04

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?
07/09/04

Sentence vacated due to mental retardation; LIFE SENTENCE imposed (parole eligible after 25 years)

YES

Raphael Camargo Ojeda

Mexico

Arkansas

federal district court
08/12/04

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
08/24/04

Prosecution stipulated to mental retardation in exchange for waiver of further appeals. Negotiated LIFE SENTENCE.

?

Kenneth Richey

United Kingdom

Ohio

Sixth Circuit
01/25/05

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
09/06/05

affirming trial court finding of prejudice for consular rights violation and commutation to LIFE SENTENCE

YES

Peter Sakarias

Estonia

California

California Supreme Court
03/03/05

Death sentence vacated due to prosecutorial misconduct (arguing conflicting theories in co-defendant case)

?

Lynford Blackwood

Jamaica

Florida

Florida Supreme Court
10/12/06

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

?

Isidro Marquez Burrola

Mexico

Oklahoma

Court of Criminal Appeals 04/17/07

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.

?

Dieter Riechmann

Germany

Florida

Florida Circuit Court, 03/19/10

Death sentence reduced to LIFE IMPRISONMENT, following reversal on appeal and remand for new sentencing hearing

YES

Manuel Ortiz

El Salvador

Louisiana

Louisiana 24th District Court, 08/19/2011

Death sentence reduced to LIFE IMPRISONMENT, for prosecutorial misconduct

YES

Erickson Dimas Martinez

El Salvador

Arkansas

Arkansas Supreme Court 12/08/2011

NEW TRIAL ordered for juror misconduct (later resentenced to LWOP)

YES

Abdul Awkal

Lebanon

Ohio

Ohio Supreme Court 06/18/2012

INDEFINITE STAY of execution, on grounds of mental incompetence

?