Mexican government protests Texas execution

MEXICO CITY, Mexico (CNN) -- The United States violated international law by putting a Mexican national to death in Texas, the Mexican government said Wednesday.

Protesters for and against Jose Ernesto Medellin's execution gathered before he was put to death Tuesday night in Huntsville, Texas, for raping and murdering two teens in 1993.

His death ended 15 years of legal disputes on a sour note.

"The government of Mexico sent the U. S. Department of State a diplomatic note of protest for this violation of international law, expressing its concern for the precedent that it may create for the rights of Mexican nationals who may be detained in that country," the Mexican government said in a written statement.

"The Ministry of Foreign Relations reiterates that the importance of this case fundamentally stems from the respect to the right to consular access and protection provided by consulates of every state to each of its nationals abroad."

Medellin's execution was also the first of what promises to be a busy month at the state's death chamber in Huntsville. Five other men are scheduled to die in the next four weeks by lethal injection, including Honduran native Heliberto Chi Acheituno on Thursday.

Mexico took the case of Medellin and four other Mexican nationals on death row to the International Court of Justice at The Hague. The court ruled in 2004 that the United States had violated the Vienna Conventions of Consular Relations, which requires a country to notify another country when one of its nationals is accused of a serious crime.

Under the Vienna Conventions, arrested suspects are also eligible for legal assistance from their consulates.

After the ICJ ruling, President Bush reluctantly ordered Texas to comply with that decision and reopen Medellin's case. Texas appealed. In March the U.S. Supreme Court ruled the Vienna Conventions were not binding on the United States, which is a signatory to them, because Congress had not passed a law requiring their enforcement.

The president cannot establish binding rules "that pre-empt contrary state law," Chief Justice John Roberts wrote in the majority opinion.

The ICJ ruled again last month that the executions should not be carried out pending a ruling on a request for further interpretation of the 2004 ruling. But Texas, which had set Medellin's execution date immediately after the Supreme Court ruling, carried out the execution Tuesday night after the Supreme Court denied an appeal for a stay.

In June, Secretary of State Condoleezza Rice and Attorney General Michael Mukasey asked Texas Gov. Rick Perry to delay the execution.

"We continue to seek a practical and timely way to carry out our nation's international legal obligation," wrote the Cabinet officers, "a goal that the United States needs the assistance of Texas to achieve."

U.N. Secretary General Ban Ki-Moon also asked Texas officials this week to delay the capital punishment.

Medellin's lawyers, who argued that Mexican consular officials were not able to meet with the man until after his conviction, condemned the execution.

"With this action, our nation has broken a commitment willingly made by our president and our Senate," the lawyers said in a written statement. "We must now hope that other nations stand stronger in their promises than we do, lest our own citizens be placed at risk elsewhere."

Journalists who witnessed the execution said Medellin apologized to his victims' families before he received the lethal cocktail.

Medellin was 18 when he participated in the June 1993 gang rape and murder of two Harris County girls, Jennifer Ertman, 14, and Elizabeth Pena, 16.
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If you visit or live in Mexico and break the law, you are subject to Mexican justice. If you live or visit in the US, and break the law, you are subject to US justice. Period. Don't want the death penalty? DON'T MURDER. Period. The Mexican government should have came and got him. The fact that they didn't proves they wanted nothing to do with him. International law? Please.

Ohio Inmate Says He's Too Fat to Execute

COLUMBUS, Ohio (Aug. 4) - A death row inmate scheduled for execution says he's too fat to be put to death, claiming executioners would have trouble finding his veins and that his weight could diminish the effectiveness of one of the lethal injection drugs.

Lawyers for Richard Cooey argue in a federal lawsuit that Cooey -- 5-feet-7 and 267 pounds -- had poor veins when he faced execution five years ago and the problem has been worsened by weight gain.

The lawsuit, filed Friday in federal court, also says prison officials have had difficulty drawing blood from Cooey for medical procedures.

Cooey, 41, is sentenced to die for raping and murdering two young women in 1986. His execution is scheduled for Oct. 14.

His attorneys say a drug he is taking for migraine headaches could affect the execution process. The drug Topamax, a type of seizure medication, may have created a resistance to thiopental, the drug used to put inmates to sleep before two other lethal drugs are administered, Dr. Mark Heath, a physician hired by the Ohio Public Defender's Office, said in documents filed with the court.

Heath says Cooey's weight, combined with the potential drug resistance, increases the risk he would not be properly anesthetized.

"All of the experts agree if the first drug doesn't work, the execution is going to be excruciating," Cooey's public defender, Kelly Culshaw Schneider, said Monday.

Prison system spokeswoman Andrea Carson and Jim Gravelle, a spokesman for the Ohio Attorney General's Office, both said Monday they hadn't seen the lawsuit and couldn't comment.

Last year, Carson cited the obesity of condemned inmate Christopher Newton as one of the reasons prison officials had difficulty accessing his veins before his execution. Newton was 6 feet tall and weighed 265 pounds.

Two years ago, convicted killer Jeffrey Lundgren was put to death after a federal appeals court rejected his claim that he was at greater risk of experiencing pain and suffering because he was overweight and diabetic.

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Why is this even an issue? Why is this piece of filth allowed to even clog up the court system with a lawsuit? It might hurt? The first round of drugs might fail and he may feel some pain upon his execution? Boo hoo mother lover. What about those girl's pain? What about their hurt? You weren't too fat to rape and kill them. You weren't too fat to disregard their fear and pain. You are being punished. It is supposed to hurt. And if there was truly any justice in this country, the death penalty wouldn't be so humane. You are getting off easier than your victims did. You were man enough to commit the crime. Be a man now. Cry baby.

Bali bombers seek 'execution without pain'

JAKARTA, Indonesia (AP) -- Three militants awaiting execution for the 2002 Bali bombings plan to challenge the legality of death by firing squad, but it was unclear if the move would lead to a last-minute stay, their lawyer said Tuesday.
Imam Samudra, one of three militants sentenced to death over the 2002 Bali nightclub bombings.

Imam Samudra, one of three militants sentenced to death over the 2002 Bali nightclub bombings.

Mahendradatta, who goes by a single name, said he would file a petition next week at the Constitutional Court arguing that convicts who go before a firing squad sometimes do not die immediately, causing unnecessary suffering.

"We're seeking an execution without pain," said the lawyer, who in the past has argued that his clients would prefer to be beheaded, which they say is more in line with Islamic teachings.

Ali Ghufron, Imam Samudra and Amrozi Nurhasyim were convicted in 2003 of planning and helping to carry out the Oct. 12 suicide bombings targeting two packed nightclubs on Bali island, killing 202 people, mostly foreign tourists.

The three, who have admitted taking part in the attacks, already have exhausted the appeals process.

Attorney General spokesman Bonaventura Daulat Nainggolan declined to say whether the petition would result in an automatic last-minute stay in their executions, which authorities have said would likely be carried out before September.

Mahendradatta acknowledged the executions could well go ahead even if the case was lodged at the Constitutional Court, but said it would be "murder" if they did.

The Bali attacks were carried out by members and associates of Jemaah Islamiyah, a local network of mostly Afghan trained militants, with al-Qaida providing money and some expertise, police and former militants have said.

Islamic militants have carried out three other major attacks on Western targets in Indonesia since then, the last in 2005, also on Bali, when three suicide bombers killed 21 people in restaurant attacks.

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WHAT ABOUT THE UNNECESSARY SUFFERING OF THE VICTIMS IN THE BOMBING THAT DID NOT DIE IMMEDIATELY? CRY ME A RIVER.

Victim's Parents Find Justice In Schwab Execution

STARKE, Fla. -- The man who was convicted of raping and killing a Brevard County boy was executed at the Florida State Prison on Tuesday.

Mark Schwab's body was taken from the prison in Starke in an unmarked hearse. His victim was Junny Rios Martinez, 11, who had a passion for baseball and was tied up and strangled. His body was stuffed in a footlocker.

"I'm sure that the victim did not die as peaceful as he did today. The torture, the last few minutes of his life, were nothing like this," father Junny Rios Martinez said.

Schwab, who was described as an emotionless killer, remained expressionless to the last. When the warden asked Schwab if he had a final statement, Schwab ignored the question.

But WESH 2 News reporter Dan Billow watched the execution and said his rapidly blinking eyes appeared to be blinking back tears. Schwab then closed his eyes and never moved again.

"You have no idea how hard it was for me not to get up and pound on that glass just to make sure that he knew we were there," Rios Martinez said.

Junny and Vicki Rios Martinez sat about 6 feet from Schwab during the execution. The father had vowed that his face would be the last one Schwab ever saw.

The mother had spent 17 years praying that she would someday be able to find peace and joy again.

"His realm of evil has come to an end. The universe has brought about balance, justice and the law of consequence. I have closure," Vicki Rios Martinez said.

Executions Resume At Florida State Prison

The state of Florida's new execution procedure passed its first test.

"We should all be so lucky to go this way," Vicki Rios Martinez said.

It was Florida's first execution since 2006.

Most executions draw demonstrations, and Schwab's was no exception. About 50 people were there. Some of them were for and others against the death penalty.

Schwab began his day with a last meal of fried eggs, bacon, sausage, hash browns, buttered toast and chocolate milk.

It was the same meal he refused to eat in November when the state delayed his execution.

Family, Friends Remember Junny

The day began with a remembrance service for Junny. Family and friends said they opted to focus on the boy's life and not on Schwab.

Friends tied blue ribbons to a tree in front of his parent's yard in Cocoa. Blue was Junny's favorite color.

Some who knew the boy well said even though his life was cut short, he's still helping children everywhere.

"This was a very unusual boy, just a top, top kid ... His life has saved the lives of many, many others because of the change of laws. Pedophiles like Schwab can't get out on half time anymore," the Rev. Tony Fadely said.

The community erected signs to honor Junny at a park named after him. The signs show 17 years of frustration with one meaningful message, justice for Junny.

Schwab's execution leaves 78 inmates from Central Florida on Death Row. Almost one-third of those committed crimes in Orange County. Fifteen inmates are from Volusia County, and Lake and Brevard counties each have 11 inmates on Death Row.


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Another child killer pays the fiddler. Bout time. ALL child killers deserve the death penalty. It is the ONLY way to ensure they NEVER commit this crime again.